19 TAC §§176.1101, 176.1103, 176.1105, 176.1108, 176.1111, 176.1113, 176.1114, 176.1116
The Texas Education Agency (TEA) adopts amendments to §§176.1101,
176.1103, 176.1105, 176.1108, 176,1111, 176.1113, 176.1114, and 176.1116,
concerning driver training schools. The sections establish minimum standards
for operating a licensed driving safety school or course provider in Texas.
The sections specify definitions, requirements, and procedures relating to
exemptions; driving safety school licensure; course provider licensure; driving
safety school and course provider responsibilities; administrative staff members;
driving safety instructor license; courses of instruction; student enrollment
contracts; cancellation and refund policy; facilities and equipment; student
complaints; records; names and advertising; uniform certificate of course
completion for driving safety course; and application fees and other charges.
The amendments to §§176.1103, 176.1105, 176.1111, 176.1113, 176.1114,
and 176.1116 are adopted without changes to the proposed text as published
in the February 16, 2001, issue of the
Texas Register
(26 TexReg 1455) and will not be republished. The amendments to §176.1101
and §176.1108 are adopted with changes to the proposed text as published
in the February 16, 2001, issue of the
Texas Register
(26 TexReg 1455).
In response to public comments, to clarify existing rule language, or to
comply with Texas Register formatting requirements, the following revisions
were made to §176.1101 and §176.1108 since published as proposed.
In §176.1101(1), language was added to the definition of "advertising"
to clarify that Meta tags and search engine listings constitute advertising.
In §176.1101(2), language was added to the definition of "break" to
clarify when a break may be taken.
In §176.1101(5), (8), and (14), new definitions were added for a course
validation question, a final exam question, and a personal validation question,
respectively. These definitions were adopted to provide clarification of terms
used in 19 TAC §176.1108(a)(1)(I). Subsequent definitions have been renumbered
accordingly.
In §176.1108(a), a cross-reference citation was revised to correspond
to newly amended paragraph (1)(I) of the subsection.
In §176.1108(a)(1)(B)(iii)(I) and (V), revisions were made to adhere
to Texas Register cross-reference and section structure formatting.
In §176.1108(a)(1)(C)(vi), language was added to clarify the definition
of break.
Section 176.1108(a)(1)(H) relating to performance report was deleted in
response to public comment and subsequent subparagraphs were reordered accordingly.
Based on public comment, language was added to newly reordered §176.1108(a)(1)(I)
to specify in rule the requirements for driving safety courses taught by an
alternative delivery method (ADM). Throughout §176.1108(a)(1)(I), the
acronym "ADM" was added.
In §176.1108(a)(1)(I)(i)(I), the following language relating to ADMs
was added: Items (-a-), (-b-), (-c-), and (-e-) incorporate language regarding
course design that outlines basic course and design requirements for ADMs.
Item (-d-) contains language regarding course navigation. Item (-f-) contains
language to clarify when course editing shall take place. Item (-g-)(-1-)
through (-7-) contains language to clarify multimedia requirements and verify
that students are viewing and comprehending video material.
In §176.1108(a)(1)(I)(i)(III), language was added to specify that
a student shall have access to telephonic technical assistance (help desk),
on average, within two minutes throughout the course.
In §176.1108(a)(1)(I)(i)(IV), language was added to clarify course
owner responsibility regarding TEA notification.
In §176.1108(a)(1)(I)(i)(V), language was added to clarify course
security requirements.
In §176.1108(a)(1)(I)(i)(VI), language relating to a personal validation
process was added to verify student identity and participation.
In §176.1108(a)(1)(I)(i)(VII), language relating to a course validation
process was added to verify student participation and comprehension of material.
In §176.1108(a)(1)(I)(i)(VIII), language was added that revises the
minimum number of final examination questions required in an ADM test bank
and establishes the level of difficulty required.
In §176.1108(a)(1)(I)(i)(IX), language relating to failure criteria
was added to establish personal, course, and final examination failure criteria.
In §176.1108(a)(1)(I)(i)(X), language outlining the requirements for
enrollment contracts and individual student records (footprints) was added.
In §176.1108(a)(1)(I)(i)(XI), language relating to data security was
added.
Section 176.1108(a)(1)(J)(ii) and (iv), as proposed, were deleted. Clause
(ii) was deleted because it is no longer applicable since all critical elements
of the standards document have been adopted in rule. Clause (iv) was deleted
based on public comment. Course owners are no longer required to submit a
performance report to the TEA one year after course or ADM approval.
Section 176.1108(a)(1)(J)(iii) was modified based on public comment and
reorganized as subparagraph (I)(ii). The modified language removes the requirement
of demonstrating compliance with the most current version of the "Technical
Standards for Driving Safety Courses Taught By An Alternative Delivery Method"
document because all the critical elements contained in this document are
now adopted in rule, with the same deadline date of December 31, 2001.
The following comments were received from the driving safety school industry
and other interested parties regarding adoption of the amendments. All comments
referenced §176.1108.
Comment. An attorney representing Driver Training Associates commented
that TEA is exceeding its authority in establishing rules for ADMs and that
the technical standards are not needed. He further stated that the proposed
rules are fundamentally unfair and legally flawed because they are being adopted
by reference and have not been subject to public comment. Also, he stated
that the actions of TEA are in conflict with the functions delegated by the
legislature.
Comment. An attorney representing All-Pro Defensive Driver Course commented
that she supports and reiterates all the comments made by Driver Training
Associates in regard to the proposed rules and technical standards.
Comment. An individual representing The Safe Driver Centre Course commented
that the ADM approval process has been a constantly moving target that is
arbitrary and capricious.
Comment. An individual representing A Cool Defensive Driving Course said
that he supports comments made by Driver Training Associates.
Comment. An individual representing International Driver Training, Inc.,
aka Bureaucracy Online, stated he supported comments by Driver Training Associates.
Comment. An individual representing National Traffic Safety Institute of
Texas, Inc. stated that he wants TEA to develop fair rules and standards so
the industry is not trying to hit a moving target.
Agency Response. The Agency disagrees with the comment that the proposed
ADM rules exceed TEA's authority. The law authorizing ADMs is found in Vernon's
Texas Civil Statute (VTCS), Article 4413(29c), Section 11, and is further
defined in 19 TAC §176.1108(a)(1). The critical elements required of
ADMs have been incorporated into §176.1108. In addition, technical standards
adopted in rule will provide clear guidance and specificity for TEA staff
and the industry regarding the requirements for ADM approval. The purpose
for this specificity is consistency and fairness. In the future, all requirements
will continue to be reflected in rule and any change in the rules regarding
ADMs will also be reflected in the technical standards document.
Comment. Individuals representing Driver Training Associates; All-Pro Defensive
Driver Course; International Driver Training, Inc.; and A Cool Defensive Driving
Course expressed concern that all applicants are being required to comply
with the proposed rules within the next eight months (prior to December 31,
2001) even if the ADM had been previously approved under other rules.
Agency Response. The Agency disagrees with these comments. The time period
stated in rule for course owners to bring their ADMs into compliance with
existing rules is reasonable. The rule language will not be modified in this
area.
Comment. Individuals representing Driver Training Associates; All-Pro Defensive
Driver Course; International Driver Training, Inc.; and A Cool Defensive Driving
Course commented that the technical standards are not subject to an outside
review process or oversight and therefore may be changed at TEA's whim, inviting
arbitrary and capricious treatment to those governed by the rules. They also
stated that all ADMs submitted under existing rules and standards should be
approved or denied using the standards under which they were submitted.
Agency Response. The Agency incorporated the required critical elements
of the technical standards document into rule in §176.1108. Any future
change regarding ADMs will go through the rule process and be subject to public
comment prior to adoption. Upon adoption, all ADMs will be required, within
a reasonable period of time, to come into compliance with rule.
Comment. Individuals representing Driver Training Associates; All-Pro Defensive
Driver Course; International Driver Training, Inc.; and A Cool Defensive Driving
Course commented that the $9,000 application fee for ADMs submitted prior
to the effective date of the new rules, should they be adopted, should not
be charged.
Comment. An individual representing a Sense of Humor Workshop requested
that TEA consider capping fees for course providers at $9,000 for any and
all driving safety course and delivery method approvals. Furthermore, he stated
that all ADM applicants should be required to pay a retroactive amount, even
if already approved, to bring their total course approval expenses to $9,000.
Agency Response. In regard to fees and licensing costs, the TEA will continue
to charge course approval fees as currently allowed by law and rule. The issue
of charging the $9,000 fee for review of ADMs will be equitably handled. The
fee will not be charged if the ADM is in a completed format, including the
application packet, upon adoption of the rule.
Comment. Individuals representing Driver Training Associates; All-Pro Defensive
Driver Course; International Driver Training, Inc.; and A Cool Defensive Driving
Course expressed concern about §176.1108(a)(1)(J)(ii) relating to the
evaluation of performance of the delivery method based on criteria established
by TEA and the possibility that TEA might change these criteria capriciously
and on whim rather than need.
Agency Response. The Agency agrees that this performance evaluation criteria
provision should be deleted and has modified the section accordingly.
Comment. An individual representing All-Pro Defensive Driver Course commented
that the proposed rule requiring that server and technical support be located
in Texas is not necessary, creates an additional economic burden on small
businesses, may prohibit business relationships, and places an undue burden
on interstate commerce.
Comment. An individual representing Driver Training Associates commented
that there is no compelling need to create additional burdens on Texas businesses.
Comment. An individual representing A Cool Defensive Driving Course commented
that the requirement for having technical support, Internet Service Provider
(ISP) hosts, and data storage facilities in Texas appears to be arbitrary,
capricious, and creating a mirror system in Texas which would be extremely
burdensome.
Comment. An individual representing CDS Driving Safety Course questioned
why course owners must locate their technical support, ISP hosts, and data
storage facilities in Texas. He further commented that the State should not
limit with which businesses he could contract.
Comment. An individual representing Defensive Driver Online, Ltd., commented
that it is essential that technical support, ISP hosts, and data storage facilities
be located in Texas.
Agency Response. Based on public comment, language in this area was modified
to require a back-up of student certificate data to be stored in Texas. The
information to be stored in Texas will include: (1) student database (footprint)
records; (2) validation questions and keys; (3) final exam questions and keys;
and (4) student data information used to validate and issue uniform certificates
of completion. Any information which changes must be updated at least once
every 24 hours and all information must be available to TEA representatives
on demand. Uniform certificates of completion must stay in the course provider's
possession within the State of Texas until issued.
Comment. Driver Training Associates; All-Pro Defensive Driver Course, International
Driver Training, Inc.; and A Cool Defensive Driving Course commented that
TEA should not favor one type of ADM over another, should not implement only
one type of delivery method, and should not unreasonably impede qualified
delivery methods or curricula. They contended that the technical standards
fail to address ADMs utilizing video and CD- ROM and only address Internet
or electronic delivery methods, which would make TEA staff biased.
Agency Response. The Agency agrees with the contention that TEA is not
to favor one course or methodology over another. The Agency disagrees that
one type of delivery method is being implemented. The ADM approval process
has thus far approved ADMs using videotape in conjunction with analog voice,
videotape in conjunction with digital telephony, videotape in conjunction
with the Internet, and pure Internet courses. Currently under review are ADMs
utilizing CD-ROM. The rule language specifically addresses the issue of changing
technology for both educational content and student validation issues. Although
it is true that some rules apply strictly to Internet ADMs, the majority of
the new rule language applies to all types of delivery methods.
Comment. Driver Training Associates; All-Pro Defensive Driver Course, International
Driver Training, Inc.; and A Cool Defensive Driving Course questioned whether
the technical standards can be justified when the technical standards for
state colleges and universities are less rigorous.
Agency Response. There are significant differences between driver training
regulations and regulations governing higher education programs. Because these
entities are fundamentally different, it is not appropriate for TEA to attempt
a comparison of driving safety courses and college credit courses delivered
by distance learning technology.
Comment. Driver Training Associates; All-Pro Defensive Driver Course, International
Driver Training, Inc.; and A Cool Defensive Driving Course requested that
the commissioner of education withdraw the proposed rules in light of comments
received since no clear evidence exists to indicate that the current ADM technical
standards are not working.
Agency Response. The Agency disagrees that the proposed rules should be
withdrawn. The current review and approval process and testimony has emphasized
the need for rules regarding ADMs.
Comment. An individual representing The Safe Driver Centre Course commented
that the focus on editing of the course material is misplaced and that the
style and editing rules are unimportant to the approval process.
Agency Response. The Agency disagrees. The rule requiring ADMs to be adequately
edited for correct use of grammar, spelling, and punctuation will not be revised.
The ADM approval process will continue to require that these areas be addressed.
Comment. An individual representing USInteractive, also known as Blockbuster
Franchise Defensive Driving, commented that students must have access to a
live instructor endorsed by the course provider, on average, within two minutes.
Comment. An individual representing The Safe Driver Centre Course commented
that within five minutes on a 24-hour per day, 7-day per week basis is burdensome
and unnecessary in the Internet environment.
Comment. An individual representing A Cool Defensive Driving Course commented
that the 24-hour, 7-day instructor requirement seems to be designed to squelch
competition by small businesses that don't have the same resources as larger
corporations and that the marketplace should decide whether this is a desirable
feature of ADMs.
Agency Response. The Agency disagrees. Language regarding availability
of a licensed instructor has been in rule for several years and will not be
modified.
Comment. An individual representing USInteractive commented that a student
should only be allowed one chance to answer student and course validation
questions.
Agency Response. The Agency agrees and has modified the section to include
language regarding "one chance to answer validation questions."
Comment. An individual representing USInteractive commented that student-solicited
validation information must be used in conjunction with student information
that can be verified by an outside third-party source for personal validation.
Comment. An individual representing A Cool Defensive Driving Course expressed
the following concerns regarding third party security requirements: (1) they
are illegal in most other states because student information is not released
by the state to the public; (2) these requirements will result in a nightmare
of student complaints; (3) that such requirements are burdensome to both the
public and course provider; and (4) that students in Texas, who have requested
that DPS not release driver's license information, should have an alternative
method, such as proctoring, so that they can still participate in an ADM.
Comment. An individual representing National Traffic Safety Institute of
Texas, Inc., commented that he had been told to plan on third-party authentication,
and they were able to do so.
Comment. An individual representing CDS Driving Safety Course commented
that if third-party validation is used then the student should be told which
databases would be used.
Agency Response. Based on public comment, language regarding "student solicited
validation questions" is now stated in rule. Experience gained from approved
ADMs currently operating in Texas indicates that obtaining and using third-party
data is feasible and does not appear to present problems for either the course
provider or the student. Students have not, thus far, been reluctant to have
third-party data reviewed nor has TEA received complaints from the general
public about the use or identity of third-party databases.
Comment. An individual representing USInteractive commented that a minimum
of 40 student validation questions verified by third-party sources is required
to validate a student. A minimum of 50 course validation questions, randomly
shuffled, that are specific to the course, but not necessarily specific to
the course content, is required for course validation.
Comment. An individual representing A Cool Defensive Driving Course commented
that third-party validation is not necessary and what is required in the technical
standards is excessive.
Agency Response. Based on public comment, language regarding "the required
number of student validation questions" has been modified and is now stated
in rule. However, the requirement will be 30 student validation questions
containing a minimum of 20 third-party validation questions. The agency will
provide a pool of 30 or more questions to the course owners that must be used
to randomly generate the remaining ten student validation questions. These
ten questions will not have to be validated against a third-party database.
Comment. An individual representing Comedy Driving Safety School commented
that nowhere are there provisions to insure that no drugs and/or alcohol are
present or consumed during the taking of the class as is a strict requirement
of DSC classroom classes.
Agency Response. The Agency disagrees that additional rule provisions are
needed in this area. The Agency applies rigorous approval requirements to
ADMs with the intent that students will not be able to successfully complete
the course if they are under the influence of drugs and/or alcohol.
Comment. An individual representing USInteractive commented that a minimum
of 250 course content questions, randomly shuffled, is required as a basis
from which to draw the course content validation questions for each course.
Comment. An individual representing The Safe Driver Centre Course commented
that TEA is overestimating the severity of the security problem and that requiring
a bank of twice the number of questions as are asked is arbitrary. He commented
that the key to validation is vigilant human monitoring rather than complex
third-party validation systems.
Agency Response. Based on public comment, language regarding the required
number of course validation questions is now stated in rule. However, the
requirements will be a pool of 160 course validation questions instead of
250, randomly generated, with a minimum number of 50% educational content
questions. Also, 80 questions instead of 40 course questions must be asked
and validated throughout the course. These modifications to rule have been
made in response to the public comments and to improve security.
Comment. An individual representing USInteractive commented that a student
should not be allowed more than 30 seconds to respond to a student validation
or course content question.
Comment: An individual representing A Cool Defensive Driving Course commented
that students might need more than 45 seconds to respond to questions.
Agency Response. The Agency disagrees with a response time of 30 seconds
or less. Language regarding the "30-second time limit" for responding to a
question is restrictive and does not provide the student an adequate response
time. The rules allow one chance to answer these questions, but due to learning
and/or language barriers as well as system processing time, it is appropriate
to give the student 60 seconds to respond.
Comment. An individual representing USInteractive commented that if a student
is stopped because of failure to answer student or course validation questions,
the student must respond to on-line instruction for re-entry within a specified
amount of time (recommend 5 minutes).
Agency Response. The Agency disagrees and believes that adequate security
requirements now exist in rule; therefore, this modification is not needed.
Comment. An individual representing USInteractive commented that course
content presentation should allow for a maximum of 50% text-based delivery,
meaning no Internet-based workbooks should be allowed. The remaining 50% of
the course needs to be a combination of video, audio, animation and graphics.
These technical capabilities are currently available, regardless of comments
to the contrary.
Agency Response. The Agency agrees that a predominantly text-based course
is not acceptable and rule language has been modified to address this issue
as well as include multi-media requirements. However, language regarding a
"50% course content limit on text-based material" is not feasible since ADMs
are required to follow the same content and course sequence as a traditional
course. This requirement may preclude courses from meeting the 50% limit on
text-based material.
Comment. An individual representing USInteractive commented that, except
for courses offered by accredited colleges and universities, an ADM may have
only one home page that enables the user to take the course and that the home
page must identify the course provider, the course, and the ADM used.
Agency Response. The Agency disagrees. Course owners are required to provide
consumers with specific information regarding the course. However, restricting
the number of websites through which courses can be offered is not an appropriate
rule or technical standard.
Comment. An individual representing USInteractive commented that all ADMs
delivered over the Internet must have a disclaimer at the beginning of the
course that lists all of the computer equipment a student must have to successfully
complete the course, and the student must acknowledge this information before
being allowed to proceed.
Agency Response. The Agency agrees. Language in rule has been modified
to include a requirement for "a statement regarding the required course computer
equipment." Course owners will be required to have the student acknowledge
this information in the enrollment agreement.
Comment. An individual representing USInteractive commented that all ADMs
must have a disclaimer at the beginning which states that Internet courses
are subject to atmospheric and other types of interference beyond the control
of the course provider and that the course may take longer than six hours
because of these interruptions. In addition, the student must acknowledge
this information before being allowed to proceed.
Agency Response. The Agency agrees. Language in rule has been modified
to include a statement that "interruptions of service may occur over which
the course owner has no control." Course owners will be required to have the
student acknowledge this information in the enrollment agreement.
Comment. An individual representing USInteractive commented that no advertising
should appear during the instructional portion of an ADM presentation and
that advertising should take place only on the home page, during breaks, after
the test, or during loading periods.
Comment. An individual representing A Cool Defensive Driving Course commented
that this is one of the proposals that seem to be a design issue rather than
a regulatory issue.
Agency Response. The Agency agrees with the restriction of advertising.
Language regarding this issue is now stated in rule. The Agency will prohibit
the appearance of advertising during the actual instruction times of the course.
Advertising is still allowed on homepages and other areas outside actual instruction
time.
Comment. An individual representing USInteractive commented that each course
should be sufficiently difficult to ensure that a certain percentage of students
fail the course, and these standards should be set forth and reviewed by TEA
on an annual basis.
Agency Response. The Agency disagrees. Language regarding a "required quota
for failure" is problematic because there is no legal authority or sound educational
theory to support this requirement. The concern regarding failure criterion
is noted and language in rule now addresses the issue of course difficulty
by requiring questions that are educationally challenging. In addition, personal
validation and course failure criterion is now stated in rule.
Comment. USInteractive commented that course provider licenses issued for
ADMs should be for a probationary period of 12 months. During the first 12
months, TEA should review the course and determine that security is adequate
and the course is being presented as approved. Should a violation of either
of these items be found, the probationary license would automatically be revoked.
Agency Response. There does not appear to be legal authority contained
in VTCS, 4413(29c), to make this possible. Consideration of this proposal
would require that the legislature amend the law to provide authority for
conditional licenses.
Comment. An individual representing USInteractive commented that TEA should
develop a penalty for course providers who attempt to hack into other course
provider's systems.
Agency Response. The proposed language regarding "course provider penalties
for attempted hacking" is outside the jurisdiction of the Agency. However,
TEA is sensitive to the security issues surrounding system invasion (hacking)
and rule language has been modified to address this issue.
Comment. An individual representing A Cool Defensive Driving Course commented
that many of the technical standards appear to be proposals designed to squelch
competition rather than provide a necessary alternative delivery method and
that many seem to be design issues rather than regulatory matters. In this
area, he lists several items including flash, browsing, visual and audible
cues, monitor adjustment, video capture requirements, pop-up reminders, and
video displaying inline on same page as text.
Comment. An individual representing CDS Driving Safety Course commented
that design requirements should be mandated, such as the option of switching
off audible cues, switching to headset use, menus being either text or graphic,
course mapping, assigned user IDs, case-sensitive passwords, and page timers.
Agency Response. The Agency agrees that non-critical design elements could
be considered optional. Regulatory matters such as "video capture requirements,"
multi-media, and "video display on the same page as text" have been incorporated
in rule.
Comment. An individual representing CDS Driving Safety Course commented
that he believes the rule prohibiting advertising prior to course approval
is wrong; he believes that he should have the right to advertise and let the
public know that a product is going to be available to them in the near future.
He believes this may create legal problems for TEA.
Agency Response. The Agency disagrees. VTCS, Article 4413(29c), Section
9(4), states that a school shall not use advertising designed to deceive or
mislead the student. VTCS, Article 4413(29c), Section 12(b), forbids a school
to advertise before the date the school receives a school license from the
commissioner.
Comment. An individual representing CDS Driving Safety Course commented
that to insure equity, ADMs should be required to have regular breaks totaling
60 minutes of the 360 minutes of required class time, just like traditional
classroom courses. He believes that the rationale regarding student concentration
for long periods applies equally to both ADM and traditional classes.
Agency Response. The Agency is sensitive to the issue of equity and comments
regarding fairness are noted. However, compelling arguments exist on both
sides of this issue and no changes to existing rule are being adopted at this
time.
Comment. An individual representing CDS Driving Safety Course commented
that the Agency should require course owners to provide an alternative testing
technique for students with reading, hearing, or learning disabilities. He
believes that this may cause legal problems for TEA.
Agency Response. The Agency disagrees. The course provider is responsible
for meeting the requirements found in both State and Federal law, including
the Americans with Disabilities Act. Rule language regarding this issue will
not be modified.
Comment. An individual representing CDS Driving Safety Course commented
on the security testing and system invasion (hacker) protection required by
TEA. He believes that the state would be embarrassed and the industry would
be damaged if student information, testing, or financial data were compromised.
He also suggests that course owners should require verification of identity
and participation before allowing a student to re-enter the course after having
been "timed out." He also commented that TEA should arrange for security testing
to insure the privacy and security of student information and that this should
be paid for by the $9,000 application fee.
Agency Response. The Agency agrees that system security is important and
will continue to regulate the security and testing standards of all course
providers in Texas. Rule language now includes requirements such as data submission
standards, firewalls, software and hardware security through logical or physical
isolation, etc. However, the Agency views security surrounding the transmission
of financial data as outside its jurisdictional control.
The amendments are adopted under the Texas Civil Statutes, Article
4413(29c), §6, as amended by Senate Bill 777, 76th Texas Legislature,
1999, which authorizes the commissioner of education to adopt rules necessary
to implement the Texas Driver and Traffic Safety Education Act.
§176.1101.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Advertising--Any affirmative act, whether written or oral,
designed to call public attention to a school and/or course in order to evoke
a desire to patronize that school and/or course. This includes Meta tags and
search engine listings.
(2)
Break--An interruption in a course of instruction occurring
after the course introduction and before the comprehensive exam and course
summation.
(3)
Change of ownership of a school or course provider--A change
in the control of the school or course provider. Any agreement to transfer
the control of a school or course provider is considered to be a change of
ownership. The control of a school or course provider is considered to have
changed:
(A)
in the case of ownership by an individual, when more than
50% of the school or course provider has been sold or transferred;
(B)
in the case of ownership by a partnership or a corporation,
when more than 50% of the school or course provider or of the owning partnership
or corporation has been sold or transferred; or
(C)
when the board of directors, officers, shareholders, or
similar governing body has been changed to such an extent as to significantly
alter the management and control of the school or course provider.
(4)
Clock hour--50 minutes of instruction in a 60-minute period
for a driving safety course.
(5)
Course validation question--A question designed to establish
the student's participation in the course and comprehension of the course
material by requiring the student to answer a question regarding a fact or
concept taught in the course.
(6)
Division--The division of the Texas Education Agency (TEA)
responsible for administering the provisions of the law, rules, regulations,
and standards as contained in this chapter and licensing driver training programs.
(7)
Division director--The person designated by the commissioner
of education to carry out the functions and regulations governing the driving
safety schools and course providers and designated as director of the division
responsible for licensing driver training programs.
(8)
Final examination question--A question designed to measure
the student's comprehension and knowledge of course material presented after
the instruction is completed.
(9)
Good reputation--A person is considered to be of good reputation
if:
(A)
there are no felony convictions related to the operation
of a school or course provider, and the person has been rehabilitated from
any other felony convictions;
(B)
there are no convictions involving crimes of moral turpitude;
(C)
within the last ten years, the person has never been successfully
sued for fraud or deceptive trade practice;
(D)
the person does not own or operate a school or course provider
currently in violation of the legal requirements involving fraud, deceptive
trade practices, student safety, quality of education, or refunds; has never
owned or operated a school or course provider with habitual violations; and
has never owned or operated a school or course provider which closed with
violations including, but not limited to, unpaid refunds or selling, trading,
or transferring a driver education certificate or uniform certificate of course
completion to any person or school not authorized to possess it;
(E)
the person has not withheld material information from representatives
of TEA or falsified instructional records or any documents required for approval
or continued approval; and
(F)
in the case of an instructor, there are no misdemeanor
or felony convictions involving driving while intoxicated over the past seven
years.
(10)
Inactive course--A driving safety course for which no
uniform certificates of completion have been purchased for 36 months or longer.
(11)
Instructor trainer--A driving safety instructor who has
been trained to prepare instructors to give instruction in a specified curriculum.
(12)
Moral turpitude--Conduct that is inherently immoral or
dishonest.
(13)
New course--A driving safety course is considered new
when it has not been approved by TEA to be offered previously, or has been
approved by TEA and offered and then discontinued, or the content, lessons,
or delivery of the course have been changed to a degree that a new application
is requested and a complete review of the application and course presentation
is necessary to determine compliance.
(14)
Personal validation question--A question designed to establish
the identity of the student by requiring an answer related to the student's
personal information such as a driver's license number, address, date of birth,
or other similar information that is unique to the student.
(15)
Public or private school--For the purpose of these rules,
a public or private school is an accredited public or non-public secondary
school.
(16)
Uniform certificate of course completion--A document that
is printed, administered, and supplied by TEA to owners or primary consignees
for issuance to students who successfully complete an approved driving safety
course and that meets the requirements of Transportation Code, Chapter 543,
and Code of Criminal Procedure, Article 45.0511. This term encompasses all
parts of a uniform certificate of course completion with the same serial number.
It is a government record.
§176.1108.Courses of Instruction.
(a)
This section contains requirements for driving safety,
continuing education, and instructor development courses. For each course,
the following curriculum documents and materials are required to be submitted
as part of the application for approval. Except as provided by paragraph (1)(I)
of this subsection, all course content shall be delivered under the direct
observation of a licensed instructor. Any changes and updates to a course
shall be submitted and approved prior to being offered. Approval of any course
that is inactive as of September 1, 2000, will be revoked.
(1)
Driving safety courses.
(A)
Educational objectives. The educational objectives of driving
safety courses shall include, but not be limited to: promoting respect for
and encouraging observance of traffic laws and traffic safety responsibilities
of drivers and citizens; reducing traffic violations; reducing traffic-related
injuries, deaths, and economic losses; and motivating continuing development
of traffic-related competencies.
(B)
Driving safety course content guides. A course content
guide is a description of the content of the course and the techniques of
instruction that will be used to present the course. To be approved, each
course owner shall submit as part of the application a course content guide
that includes the following:
(i)
a statement of the course's traffic safety goal and philosophy;
(ii)
a statement of policies and administrative provisions
related to instructor conduct, standards, and performance;
(iii)
a statement of policies and administrative provisions
related to student progress, attendance, makeup, and conduct. The policies
and administrative provisions shall be used by each school that offers the
course and include the following requirements:
(I)
progress standards that meet the requirements of subparagraph
(F) of this paragraph;
(II)
appropriate standards to ascertain the attendance of students.
All schools approved to use the course must use the same standards for documenting
attendance to include the hours scheduled each day and each hour not attended;
(III)
if the student does not complete the entire course, including
all makeup lessons, within the timeline specified by the court, no credit
for instruction shall be granted;
(IV)
any period of absence for any portion of instruction will
require that the student complete that portion of instruction. All make-up
lessons must be equivalent in length and content to the instruction missed
and taught by a licensed instructor; and
(V)
conditions for dismissal and conditions for reentry of
those students dismissed for violating the conduct policy;
(iv)
a statement of policy addressing entrance requirements
and special conditions of students, such as the inability to read, language
barriers, and other disabilities;
(v)
a list of relevant instructional resources, such as textbooks,
audio and visual media and other instructional materials, and equipment that
will be used in the course; and the furniture deemed necessary to accommodate
the students in the course, such as tables, chairs, and other furnishings.
The course shall include a minimum of 60 minutes of videos, including audio;
however, the videos and other relevant instructional resources cannot be used
in excess of 150 minutes of the 300 minutes of instruction. The resources
may be included in a single list or may appear at the end of each instructional
unit;
(vi)
written or printed materials that shall be provided for
use by each student as a guide to the course. The division director may make
exceptions to this requirement on an individual basis;
(vii)
instructional activities to be used to present the material
(lecture, films, other media, small-group discussions, workbook activities,
written and oral discussion questions, etc.). When small-group discussions
are planned, the course content guide shall identify the questions that will
be assigned to the groups;
(viii)
instructional resources for each unit;
(ix)
techniques for evaluating the comprehension level of the
students relative to the instructional unit. If oral or written questions
are to be used to measure student comprehension levels, they shall be included
in the course guide. The evaluative technique may be used throughout the unit
or at the end; and
(x)
a completed form cross-referencing the instructional units
to the topics identified in subparagraph (D) of this paragraph. A form to
cross-reference the instructional units to the required topics and topics
unique to the course will be provided by the division.
(C)
Course and time management. Approved driving safety courses
shall be presented in compliance with the following guidelines.
(i)
A minimum of 300 minutes of instruction is required.
(ii)
The total length of the course shall consist of a minimum
of 360 minutes.
(iii)
Sixty minutes of time, exclusive of the 300 minutes of
instruction, shall be dedicated to break periods or to the topics included
in the minimum course content. All break periods shall be provided after instruction
has begun and before the comprehensive exam and summation.
(iv)
Administrative procedures, such as enrollment, shall not
be included in the 300 minutes of the course.
(v)
Courses conducted in a single day in a traditional classroom
setting shall allow a minimum of 30 minutes for lunch, which is exclusive
of the total course length of 360 minutes.
(vi)
Courses taught over a period longer than one day shall
provide breaks on a schedule equitable to those prescribed for one-day courses.
However, all breaks shall be provided after the course introduction and prior
to the last unit of the instructional day or the comprehensive exam and summation,
whichever is appropriate.
(vii)
The order of topics shall be approved by Texas Education
Agency (TEA) as part of the course approval, and for each student, the course
shall be taught in the order identified in the approved application.
(viii)
Students shall not receive a uniform certificate of
course completion unless that student receives a grade of at least 70% on
the final examination.
(ix)
The TEA shall produce and supply to course providers,
at no cost to the course providers, copies of a short video that will provide
information about the requirements for completing a six-hour driving safety
course and the penalties involved for accepting a uniform certificate of course
completion for a course that was not six hours in length. The course provider
shall ensure that the video is shown to all students of each class prior to
the final examination. Alternative methods for providing the required information
to the students may be submitted by the course provider and approved at the
discretion of the division director.
(x)
No more than 50 students per class are permitted in driving
safety courses if any student in the class receives a uniform certificate
of completion.
(xi)
The driving safety school shall make a material effort
to establish the identity of the student.
(D)
Minimum course content. A driving safety course shall include,
as a minimum, materials adequate to address the following topics and to comply
with the minimum time requirements for each unit and the course as a whole.
(i)
Course introduction--minimum of ten minutes (instructional
objective--to orient students to the class). Instruction shall address the
following topics:
(I)
purpose and benefits of the course;
(II)
course and facilities orientation;
(III)
requirements for receiving course credit; and
(IV)
student course evaluation procedures.
(ii)
The traffic safety problem--minimum of 15 minutes (instructional
objectives--to develop an understanding of the nature of the traffic safety
problem and to instill in each student a sense of responsibility for its solution).
Instruction shall address the following topics:
(I)
identification of the overall traffic problem in the United
States, Texas, and the locale where the course is being taught;
(II)
death, injuries, and economic losses resulting from motor
vehicle crashes in Texas; and
(III)
five leading causes of motor vehicle crashes in Texas
as identified by the Department of Public Safety (DPS).
(iii)
Factors influencing driver performance--minimum of 20
minutes (instructional objective--to identify the characteristics and behaviors
of drivers and how they affect driving performance). Instruction shall address
the following topics:
(I)
attitudes, habits, feelings, and emotions;
(II)
alcohol and other drugs;
(III)
physical condition;
(IV)
knowledge of driving laws and procedures; and
(V)
understanding the driving task.
(iv)
Traffic laws and procedures--minimum of 30 minutes (instructional
objectives--to identify the requirements of, and the rationale for, applicable
driving laws and procedures and to influence drivers to comply with the laws
on a voluntary basis). Instruction shall address the following topics:
(I)
passing;
(II)
right-of-way;
(III)
turns;
(IV)
stops;
(V)
speed limits;
(VI)
railroad crossings safety;
(-a-)
statistics;
(-b-)
causes; and
(-c-)
evasive actions;
(VII)
categories of traffic signs, signals, and highway markings;
(VIII)
pedestrians;
(IX)
improved shoulders;
(X)
intersections;
(XI)
occupant restraints;
(XII)
litter prevention;
(XIII)
law enforcement and emergency vehicles (this category
will be temporary until the need is substantiated by documentation from the
DPS on the number of deaths or injuries involved because of improper procedures
used by a citizen when stopped by a law enforcement officer); and
(XIV)
other laws as applicable (i.e., financial responsibility/compulsory
insurance).
(v)
Special skills for difficult driving environments--minimum
of 20 minutes (instructional objectives--to identify how special conditions
affect driver and vehicle performance and identify techniques for management
of these conditions). Instruction shall address the following topics:
(I)
inclement weather;
(II)
traffic congestion;
(III)
city, urban, rural, and expressway environments;
(IV)
reduced visibility conditions--hills, fog, curves, light
conditions (darkness, glare, etc.), etc.; and
(V)
roadway conditions.
(vi)
Physical forces that influence driver control--minimum
of 15 minutes (instructional objective--to identify the physical forces that
affect driver control and vehicle performance). Instruction shall address
the following topics:
(I)
speed control (acceleration, deceleration, etc.);
(II)
traction (friction, hydroplaning, stopping distances,
centrifugal force, etc.); and
(III)
force of impact (momentum, kinetic energy, inertia, etc.).
(vii)
Perceptual skills needed for driving--minimum of 20 minutes
(instructional objective--to identify the factors of perception and how the
factors affect driver performance). Instruction shall address the following
topics:
(I)
visual interpretations;
(II)
hearing;
(III)
touch;
(IV)
smell;
(V)
reaction abilities (simple and complex); and
(VI)
judging speed and distance.
(viii)
Defensive driving strategies--minimum of 40 minutes
(instructional objective--to identify the concepts of defensive driving and
demonstrate how they can be employed by drivers to reduce the likelihood of
crashes, deaths, injuries, and economic losses). Instruction shall address
the following topics:
(I)
trip planning;
(II)
evaluating the traffic environment;
(III)
anticipating the actions of others;
(IV)
decision making;
(V)
implementing necessary maneuvers;
(VI)
compensating for the mistakes of other drivers;
(VII)
avoiding common driving errors; and
(VIII)
interaction with other road users (motorcycles, bicycles,
trucks, pedestrians, etc.).
(ix)
Driving emergencies--minimum of 40 minutes (instructional
objective--to identify common driving emergencies and their countermeasures).
Instruction shall address the following topics:
(I)
collision traps (front, rear, and sides);
(II)
off-road recovery, paths of least resistance; and
(III)
mechanical malfunctions (tires, brakes, steering, power,
lights, etc.).
(x)
Occupant restraints and protective equipment--minimum of
15 minutes (instructional objective--to identify the rationale for having
and using occupant restraints and protective equipment). Instruction shall
address the following topics:
(I)
legal aspects;
(II)
vehicle control;
(III)
crash protection;
(IV)
operational principles (active and passive); and
(V)
helmets and other protective equipment.
(xi)
Alcohol and traffic safety--minimum of 40 minutes (instructional
objective--to identify the effects of alcohol on roadway users). Instruction
shall address the following topics related to the effects of alcohol on roadway
users:
(I)
physiological effects;
(II)
psychological effects;
(III)
legal aspects;
(IV)
synergistic effects; and
(V)
countermeasures.
(xii)
Comprehensive examination and summation--minimum of 15
minutes (this shall be the last unit of instruction).
(xiii)
The remaining required 20 minutes of instruction shall
be allocated to the topics included in the minimum course content or to additional
driving safety topics that satisfy the educational objectives of the course.
(E)
Instructor training guides. An instructor training guide
contains a description of the plan, training techniques, and curriculum to
be used to train instructors to present the concepts of the approved driving
safety course described in the applicant's driving safety course content guide.
Each course provider shall submit as part of the application an instructor
training guide that is bound or hole-punched and placed in a binder and that
has a cover and a table of contents. The guide shall include the following:
(i)
a statement of the philosophy and instructional goals of
the training course;
(ii)
a description of the plan to be followed in training instructors.
The plan shall include, as a minimum, provisions for the following:
(I)
instruction of the trainee in the course curriculum;
(II)
training the trainee in the techniques of instruction
that will be used in the course;
(III)
training the trainee about administrative procedures
and course provider policies;
(IV)
demonstration of desirable techniques of instruction by
the instructor trainer;
(V)
a minimum of 15 minutes of instruction of the course curriculum
by the trainee under the observation of the instructor trainer as part of
the basic training course;
(VI)
time to be dedicated to each training lesson; and
(VII)
a minimum of 600 minutes of instruction of the course
in a regular approved course under the observation of a licensed instructor
trainer. The instructor trainee shall provide instruction for two full courses.
It is not mandatory that the two courses be taught as two complete courses;
however, every instructional unit shall be taught twice; and
(iii)
instructional units sufficient to address the provisions
identified in clause (ii)(I)-(V) of this subparagraph. The total time of the
units shall contain a minimum of 24 instructional hours. Each instructional
unit shall include the following:
(I)
the subject of the unit;
(II)
the instructional objectives of the unit;
(III)
time to be dedicated to the unit;
(IV)
an outline of major concepts to be presented;
(V)
instructional activities to be used to present the material
(i.e., lecture, films, other media, small-group discussions, workbook activities,
written and oral discussion questions). When small-group discussions are planned,
the course guide shall identify the questions that will be assigned to the
groups;
(VI)
instructional resources for each unit; and
(VII)
techniques for evaluating the comprehension level of
the students relative to the instructional unit. If oral or written questions
are to be used to measure student comprehension levels, they shall be included
in the instructor training guide. The evaluative technique may be used throughout
the unit or at the end.
(F)
Examinations. Each course provider shall submit for approval,
as part of the application, tests designed to measure the comprehension level
of students at the completion of the driving safety course and the instructor
training course. The comprehensive examination for each driving safety course
must include at least two questions from each unit, excluding the course introduction
and comprehensive examination units. Instructors may not be certified or students
given credit for the driving safety course unless they score 70% or more on
the final test. The course content guide shall identify alternative testing
techniques to be used for students with reading, hearing, or learning disabilities
and policies for retesting students who score less than 70% on the final exam.
The applicant may choose not to provide alternative testing techniques; however,
students shall be advised of courses providing alternative testing prior to
enrollment in the course. Test questions may be short answer, multiple choice,
essay, or a combination of these forms.
(G)
Student course evaluation. Each student in a driving safety
course shall be given an opportunity to evaluate the course and the instructor
on an official evaluation form. A master copy of the evaluation form will
be provided to TEA.
(H)
State-level evaluation of driving safety courses. Each
course provider shall collect adequate student data to enable TEA to evaluate
the overall effectiveness of a course in reducing the number of violations
and accidents of persons who successfully complete the course. The commissioner
of education may determine a level of effectiveness that serves the purposes
of Texas Civil Statutes, Article 4413(29c).
(I)
Driving safety courses delivered by an alternative delivery
method (ADM).
(i)
The commissioner of education may approve an ADM for an
approved driving safety course and waive any rules to accomplish this approval
if the ADM includes testing and security measures that are at least as secure
as the measures available in a usual classroom, including:
(I)
as provided in this paragraph, the educational objectives,
minimum course content, applicable areas of course and time management, examination,
and student course evaluation requirements are met. The following requirements
shall also be met:
(-a-)
the ADM shall follow the same topic order and course
content sequence as the approved traditional course. A predominantly text-based
ADM will not be considered. The minimum time requirements for each unit and
the course as a whole described in subparagraphs (C) and (D) of this paragraph
shall be met;
(-b-)
advertisement of goods and services shall not appear
during the actual instructional times of the course;
(-c-)
the student shall be able to browse or review previously
completed material;
(-d-)
the student shall be able to navigate logically and systematically
through the course;
(-e-)
technical support personnel shall be knowledgeable of
course content and technical issues;
(-f-)
the course shall be adequately edited for correct use
of grammar, punctuation, and spelling before it is submitted for review; and
(-g-)
multi-media requirements shall be met, as follows:
(-1-)
all videos shall be timed and include a validation process
that verifies the student spent the required time viewing and comprehending
the video material;
(-2-)
videos may utilize streaming video, flash, or comparable
technologies;
(-3-)
the video shall be captured at 15 frames per second or
more. Video size shall be at least 240x180 pixels and shall resize while maintaining
its aspect ratio;
(-4-)
if using streaming video, the video file shall stream
for multiple connection speeds. A download rate of at least 28.8Kbps is required;
(-5-)
the video shall have inline controls available to the
user for pausing and restarting;
(-6-)
videos shall display inline on the same page with the
relevant text; and
(-7-)
permanent moving animation that is not related to the
topic being presented on the page is prohibited;
(II)
the course materials are written by a TEA-licensed driving
safety instructor or other individuals or organizations with recognized experience
in writing instructional materials with input from a TEA-licensed driving
safety instructor;
(III)
with the exception of circumstances beyond the control
of the course owner, the student has adequate access to a licensed instructor
and telephonic technical assistance (help desk) (on the average, within two
minutes) throughout the course such that the flow of instructional information
is not delayed;
(IV)
the equipment and course materials are available only
through and at the approved driving safety school or classroom or at a storefront
location specifically approved by TEA for that purpose. TEA shall be informed
prior to any moves, additions, or changes to the course, data processing system,
operating system, or organizational rules maintained by the course owner that
could impact the course content or the confidentiality of any part of the
system of records, applications, operating systems, or hardware used by the
course owner;
(V)
there is sufficient evidence to demonstrate the security
of the course and that the general public cannot circumvent it, including
the following:
(-a-)
course owners shall make a material effort to validate
the student's identity at the point of registration and throughout the course
and maintain a record of the results;
(-b-)
acceptable validation methods to verify student identity
are third-party verification of personal information, voice recognition, thumb-print
scans, retina scans, student-solicited responses when combined with third-party
verification of personal information, or other acceptable validation methods
that meet or exceed these methods; and
(-c-)
the student shall be allowed no more than 60 seconds
to respond to each personal or course validation question and shall have only
one chance to respond correctly;
(VI)
the ADM shall incorporate a personal validation process
that verifies student identity and participation throughout the course that
includes the following:
(-a-)
if the ADM requires a student's picture identification
to be verified at the beginning and conclusion of the course, the following
criteria shall be met:
(-1-)
at least one third-party verified personal validation
question per unit (minimum of ten) shall be asked, excluding log-on questions;
(-2-)
all questions shall be generated in random order and
the same questions shall not be asked more than twice. Questions that appear
twice shall be as a result of random generation and not by design; and
(-3-)
the test bank for personal validation questions shall
equal three times the number of questions being asked;
(-b-)
if the ADM does not require a student's picture identification
at the beginning and conclusion of the course, the following criteria shall
be met:
(-1-)
at least one personal validation question shall be asked
throughout the course every ten to 20 minutes, for a total of at least 30
personal validation questions. Personal validation questions shall be asked
while the student is completing the course, not including the final examination.
Registration, log-on questions (i.e., password), and re-entry questions shall
not be counted as part of the 30 personal validation questions;
(-2-)
at least 20 of the 30 personal validation questions asked
during the course must be verified against a third-party database;
(-3-)
the test bank for third-party verified validation questions
shall be at least 30 questions and shall be drawn from databases of at least
two different sources. A maximum of 12 questions may be drawn from driver's
license and/or Social Security information;
(-4-)
all third-party verifiable validation questions shall
be randomly generated in respect to time and order and the same questions
shall not be asked more than twice. Questions that appear twice shall be as
a result of random generation and not by design; and
(-5-)
at least ten additional personal validation questions
shall be asked and shall be randomly generated from a list of 30 questions
supplied by TEA for this purpose. All questions from this list shall be randomly
generated in respect to time and order and the same questions shall not be
asked more than twice. Questions that appear twice shall be as a result of
random generation and not by design; and
(-c-)
exceptions to the personal validation process shall only
be approved for a personal validation process that meets or exceeds the requirements
specified in items (-a-) and (-b-) of this subclause;
(VII)
the ADM shall incorporate a course validation process
that verifies student participation and comprehension of course material,
including the following:
(-a-)
the ADM includes built-in time parameters to ensure that
six hours have been attended and completed by the student; and
(-b-)
testing of student participation throughout the course
to ensure that the student receives the minimum course content and time management
requirements for instruction as provided by subparagraphs (C) and (D) of this
paragraph, as follows:
(-1-)
at least 80 course validation questions shall be asked
throughout the course. Each student shall be asked at least five time-limited
course questions during every major unit throughout the course. Course validation
questions shall be asked while the student is completing the course, not including
the final examination;
(-2-)
at least 50% of the course validation questions asked
shall be educational content questions drawn from statistics, facts, and techniques
presented as part of the course material;
(-3-)
the test bank for course validation questions shall be
at least 160 questions, of which at least 50% shall be educational questions
drawn from the course material;
(-4-)
all course validation questions shall be generated in
random order and the same questions shall not be asked more than twice. Questions
that appear twice shall be as a result of random generation and not by design;
(-5-)
at least 20% of course validation questions shall relate
to the content of multimedia "clips" presented during the course. All questions
shall be generated in random order and the same questions shall not be asked
more than twice. Questions that appear twice shall be as a result of random
generation and not by design;
(-6-)
course validation questions, whether pertaining to educational
content or to a specific event, fact, person, or situation presented during
the course, shall be of such difficulty that the answer may not be easily
determined without having completed the actual instruction; and
(-7-)
course validation questions shall be short answer, multiple
choice, essay, or a combination of these forms;
(VIII)
the ADM shall incorporate a final examination that measures
student knowledge and comprehension of course material by an examination consisting
of at least two questions per required unit set forth in subparagraph (D)(ii)-(xi)
of this paragraph for a total of at least 20 questions. The final examination
questions shall be drawn from a bank of at least 80 questions. Test questions
shall be generated in random order, and no test question shall be repeated
within the 20-question final examination. Test questions shall be of such
difficulty that the answer may not be easily determined without having completed
the actual instruction. Testing shall be administered by a TEA-licensed instructor,
and if the ADM does not involve the student being in physical proximity to
the instructor, the testing may be administered using technology;
(IX)
the ADM provides for failure criteria for personal validation,
course validation, and final examination that meet or exceed those set forth
in items (-a-)-(-c-) of this subclause. Course owners shall rigidly enforce
failure criteria as follows:
(-a-)
for personal validation questions that are not answered
within 60 seconds of the time of transmission from the course owner or that
are answered incorrectly, the student shall be suspended from the course after
each missed question. The student shall be allowed to reenter the course after
the first missed question if the student successfully answers the missed question
along with at least three of five randomly generated personal validation questions.
The student shall be failed and shall not receive a uniform certificate of
completion if the student misses more than two verified personal validation
questions. Course providers shall be allowed to make allowances for obvious
and logical mistakes by students, such as when a student enters information
that matches the database information in substance but not in form;
(-b-)
for course validation questions that are not answered
within 60 seconds of the time of transmission from the course provider or
that are answered incorrectly, the student shall be suspended from the course
after missing 16 questions. The student shall be allowed to reenter the course
upon correctly answering three of five course validation questions from material
relevant to the missed question. The seventeenth, eighteenth, and nineteenth
missed questions shall be handled in the same manner. The twentieth missed
question shall result in course failure and the student shall not receive
a uniform certificate of completion. Course providers shall be allowed to
make allowances for obvious and logical mistakes by students, such as when
a student enters information that matches the correct answer in substance
but not in form; and
(-c-)
for final examination questions, students shall be allowed
only one answer to each question posed. If the question is not answered within
60 seconds of the time of transmission from the course provider or is answered
incorrectly, the question shall be counted as incorrect. A student must correctly
answer 70% or more of all the questions on the final examination. A student
shall be tested on the final examination a total of no more than three times.
If the student is re-tested after failing the final examination, the re-test
shall consist of 20 randomly generated questions that meet the same time and
content requirements as the final examination. If a student fails to correctly
answer at least 70% of the final examination questions on three consecutive
attempts, the student shall be failed and denied a uniform certificate of
completion;
(X)
the ADM provides for the creation and maintenance of records
documenting student enrollment, the steps taken to verify each student's identity
verification, the participation of each student, and the testing of each student's
knowledge. The following requirements shall be met:
(-a-)
the enrollment contract shall identify the type of any
third-party data that will be accessed prior to or during validation of the
student's identity. The course owner shall obtain the student's approval to
access the third-party data;
(-b-)
the enrollment contract shall identify the hardware and
software requirements to successfully complete the course. The course owner
shall obtain the student's acknowledgement that the student understands the
computer requirements;
(-c-)
the enrollment contract shall specify that interruptions
in course service may occur over which the course owner has no control. The
course owner shall obtain the student's acknowledgement that the student understands
that service interruptions may occur;
(-d-)
the enrollment contract shall specify the data that will
be collected from the student that could be sold to entities that may derive
commercial or social benefits from the data, and the course owner shall obtain
the student's approval for collection and distribution of that data;
(-e-)
TEA shall be informed of proposed changes to course and
student validation records (i.e., footprints), and no changes can be implemented
without written approval signed by the division director; and
(-f-)
the course owner shall maintain a complete student course
data file (footprint) to demonstrate student activity. Course owners shall
ensure that at least the following information is collected and retained for
creating the student footprint:
(-1-)
student's name and driver's license number;
(-2-)
dates and times of student activity (log-on and log-off
times);
(-3-)
dates, times, and results of personal-validation and
course-content questions. If a "key" or "code" is used to identify the question
and answer, rather than recording the entire question and answer, then the
"key" or "code" must be furnished to TEA;
(-4-)
verification of the amount of time the student spent
in each unit;
(-5-)
verification of the amount of total time the student
spent in the course;
(-6-)
an identifier of the reason a person was suspended or
failed the course;
(-7-)
dates, times, and responses for each question on the
final examination. If a "key" or "code" is used to identify the question and
answer, rather than recording the entire question and answer, the "key" or
"code" must be furnished to TEA; and
(-8-)
name or identity number of staff member entering comments,
retesting, or revalidating student; and
(XI)
the ADM provides for data security, as follows:
(-a-)
records that constitute sensitive or confidential information
shall be protected in each individual course;
(-b-)
any programs, applications, or databases that contain
testing programs, files containing student identification information, files
containing information on certification or certificate issuance, or testing
"keys" shall be subject to the rules governing protection of data;
(-c-)
prior to ADM approval, course owners shall provide TEA
a non-disclosure agreement in which they assure that they will not provide
any stored or transient information to a requesting party other than an internal
business function, TEA, or a TEA-approved recipient. Each internal business
function given access to sensitive/confidential information shall be approved
in writing by TEA. Alternatively, the course owner shall include in the enrollment
contract a privacy statement regarding data that will be collected from the
student that could be sold to entities that may derive commercial or social
benefits from the data, and the course owner shall obtain the student's approval
for collection and distribution of that data;
(-d-)
access to confidential electronic information as defined
in item (-b-) of this subclause shall occur through strictly controlled and
audited software and/or hardware interfaces. Access to confidential information
shall be documented and occur through strictly enforced business rules and
operational procedures that comply with state and federal laws;
(-e-)
remote transmission of sensitive data such as student
identity data shall take place through secure channels implementing asymmetric
key (public key) cryptography or its equivalent. Remote transmission includes
any data that traverses the Internet or other data or voice network(s) that
exist in the public domain apart from the course owner's on-premises local
area network;
(-f-)
course owners shall make information inaccessible to
those who are not authorized to obtain it, and are responsible for maintaining
the security of hardware, software, and confidential information stored therein.
Either logical or physical isolation of the system hardware and software or
a combination of the two is acceptable. If a non-distributed (central) architecture
is used in which all applications (secure and otherwise) reside on a single
host, then acceptable access control mechanisms might include (but are not
limited to) locked rooms for servers, tape libraries, and network infrastructure;
secure operating systems; or encrypted databases, applications, and data files.
In a distributed environment, additional mechanisms shall be employed such
as the use of firewalls, network and application-level access control lists,
and other protection technology to ensure that restricted interfaces and backends
are not compromised;
(-g-)
course owners shall assure that course data are readily,
securely, and reliably available by electronic or printed means to TEA and
TEA authorized recipients on a demand basis. If the data are not stored in
Texas, then back-ups of the data shall be stored in Texas and any information
that changes must be updated at least once every 24 hours;
(-h-)
course owners shall have a disaster recovery system that
ensures system restoration, in case of failure, to a working state of acceptable
accuracy within 24 hours. A certification statement from an authorized/qualified
third party will be considered acceptable proof that the course owner has
an acceptable disaster recovery system;
(-i-)
upon termination of the course approval and/or course
provider license, any missing student data shall be delivered to TEA within
seven calendar days of termination; and
(-j-)
TEA reserves the right to require modifications to the
system and policies maintained by the course owner if a threat to data security
is perceived. This may involve providing a third-party certification to TEA
by the course owner.
(ii)
For an ADM approved before the effective date of this
subsection, the ADM must demonstrate compliance with this subsection prior
to December 31, 2001.
(J)
Requirements for authorship. The course materials shall
be written by a TEA-licensed driving safety instructor or other individuals
or organizations with recognized experience in writing instructional materials
with input from a TEA-licensed driving safety instructor.
(2)
Instructor development courses.
(A)
Driving safety instructors shall successfully complete
36 clock hours (50 minutes of instruction in a 60-minute period) in the approved
instructor development course for the driving safety course to be taught,
under the supervision of a driving safety instructor trainer. Supervision
is considered to have occurred when the instructor trainer is present and
personally provides the 36 clock hours of training for driving safety instructors,
excluding those clock hours approved by TEA staff that may be presented by
a guest speaker or using films and other media that pertain directly to the
concepts being taught.
(B)
Instruction records shall be maintained by the course provider
and instructor trainer for each instructor trainee and shall be available
for inspection by authorized division representatives at any time during the
training period and/or for license investigation purposes. The instruction
record shall include: the trainee's name, address, driver's license number,
and other pertinent data; the name and instructor license number of the person
conducting the training; and the dates of instruction, lesson time, and subject
taught during each instruction period. Each record shall also include grades
or other means of indicating the trainee's aptitude and development. Upon
satisfactory completion of the training course, the instructor trainer conducting
the training will certify one copy of the instruction record for attachment
to the trainee's application for licensing, and one copy will be maintained
in a permanent file at the course provider location.
(C)
All student instruction records submitted for the TEA-approved
instructor development course shall be signed by the course provider. Original
documents shall be submitted.
(D)
Driving safety instructor development courses may be offered
at approved classroom facilities of a licensed school which is approved to
offer the driving safety course being taught. A properly licensed instructor
trainer shall present the course.
(E)
Applicants shall complete 36 hours of training in the driving
safety curriculum that shall be taught. Of the 36 hours, 24 shall cover techniques
of instruction and in-depth familiarization with materials contained in the
driving safety curriculum. The additional 12 hours shall consist of practical
teaching with students and shall occur after the first 24 hours have been
completed.
(F)
The driving safety course provider shall submit dates of
instructor development course offerings for the 24-hour training that covers
techniques of instruction and in-depth familiarization with the material contained
in the driving safety curriculum, locations, class schedules, and scheduled
instructor trainers' names and license numbers before the courses are offered.
The 12-hour practical-teaching portion of the instructor development course
shall be provided at properly licensed schools or classrooms approved to offer
the course being provided.
(3)
Continuing education courses.
(A)
Continuing education requirements include the following.
(i)
Each course provider will be responsible for receiving
an approval for a minimum of a two-hour continuing education course. Each
instructor currently endorsed to teach the course must attend the approved
continuing education course conducted by the course provider.
(ii)
The request for course approval shall contain the following:
(I)
a description of the plan by which the course will be presented;
(II)
the subject of each unit;
(III)
the instructional objectives of each unit;
(IV)
time to be dedicated to each unit;
(V)
instructional resources for each unit, including names
or titles of presenters and facilitators;
(VI)
any information that TEA mandates to ensure quality of
the education being provided;
(VII)
a plan by which the course provider will monitor and
ensure attendance and completion of the course by the instructions within
the guidelines set forth in the course; and
(VIII)
a course evaluation form to be completed by each instructor
attending the course. The course provider must maintain each instructor's
completed evaluation form for one year.
(iii)
A continuing education course may be approved if TEA
determines that:
(I)
the course constitutes an organized program of learning
that enhances the instructional skills, methods, or knowledge of the driving
safety instructor;
(II)
the course pertains to subject matters that relate directly
to driving safety instruction, instruction techniques, or driving safety-related
subjects;
(III)
the entire course has been designed, planned, and organized
by the course provider. The course provider shall use licensed driving safety
instructors to provide instruction or other individuals with recognized experience
or expertise in the area of driving safety instruction or driving safety-related
subject matters. Evidence of the individuals' experience or expertise may
be requested by the division director; and
(IV)
the course contains updates or approved revisions to the
driving safety course curriculum, policies or procedures, and/or any changes
to the course, that are affected by changes in traffic laws or statistical
data.
(B)
Course providers shall notify the division director of
the scheduled dates, times, and locations of all continuing education courses
no less than ten calendar days prior to the class being held, unless otherwise
excepted by the division director.
(b)
Course providers shall submit documentation on behalf of
schools applying for approval of additional courses after the original approval
has been granted. The documents shall be designated by the division director
and include the appropriate fee. Courses shall be approved before soliciting
students, advertising, or conducting classes. An approval for an additional
course shall not be granted if the school's compliance is in question at the
time of application.
(c)
If an approved course is discontinued, the division director
shall be notified within 72 hours of discontinuance and furnished with the
names and addresses of any students who could not complete the course because
it was discontinued. If the school does not make arrangements satisfactory
to the students and the division director for the completion of the courses,
the full amount of all tuition and fees paid by the students are due and refundable.
If arrangements are not made satisfactory to the students and the division
director, the refunds must be made no later than 30 days after the course
was discontinued. Any course discontinued shall be removed from the list of
approved courses.
(d)
If, upon review and consideration of an original, renewal,
or amended application for course approval, the commissioner of education
determines that the applicant does not meet the legal requirements, the commissioner
shall notify the applicant, setting forth the reasons for denial in writing.
(e)
The commissioner of education may revoke approval of any
course given to a course owner, provider, or school under any of the following
circumstances.
(1)
A statement contained in the application for the course
approval is found to be untrue.
(2)
The school has failed to maintain the faculty, facilities,
equipment, or courses of study on the basis of which approval was issued.
(3)
The school and/or course provider has been found to be
in violation of Texas Civil Statutes, Article 4413(29c), and/or this chapter.
(4)
The course has been found to be ineffective in carrying
out the purpose of the Texas Driver and Traffic Safety Education Act.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on June 29, 2001.
TRD-200103725
Criss Cloudt
Associate Commissioner, Accountability Reporting and Research
Texas Education Agency
Effective date: July 19, 2001
Proposal publication date: February 16, 2001
For further information, please call: (512) 463-9701