(6) Course identification. All ADMs presented over
the Internet shall display the school name and school number assigned
by TEA as well as the course provider name and course provider number
assigned by TEA in the top left-hand portion on the entity's homepage
and the registration page used by the student to pay any monies, provide
any personal information, and enroll.
(g) Additional requirements for video courses.
  (1) Delivery of the material. For ADMs delivered by
the use of 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 TEA.
  (2) Video requirement. In order to meet the video requirement
of §176.1108(a)(1)(B)(v) of this title, the video course shall
include between 60 and 150 minutes of video that is relevant to the
required topics such as video produced by other entities for training
purposes, including public safety announcements and B roll footage.
The remainder of the 300 minutes of required instruction shall be
video material that is relevant to 1 of the 11 required topics and
produced by the ADM owner, course owner, or course provider specifically
for the ADM.
    (A) A video ADM shall ask, at a minimum, at least 1
course validation question for each multimedia clip of more than 60
seconds at the end of each major segment (chapter) of the ADM.
    (B) A video ADM shall devise and submit for approval
a method for ensuring that a student correctly answers questions concerning
the multimedia clips of more than 60 seconds presented during the
ADM.
(h) Standards for ADMs using new technology. For ADMs
delivered using technologies that have not been previously reviewed
and approved by TEA, TEA may apply similar standards as appropriate
and may also require additional standards. These standards shall be
designed to ensure that the course can be taught by the alternative
method and that the alternative method includes testing and security
measures that are at least as secure as the methods available in the
traditional classroom setting.
(i) Modifications to the ADM. Except as provided by
paragraph (1) of this subsection, a change to a previously approved
ADM shall not be made without the prior approval of TEA. The licensed
course provider for the approved course on which the ADM is based
shall ensure that any modification to the ADM is implemented by all
schools endorsed to offer the ADM.
  (1) A course provider may submit to the TEA a request
for immediate implementation of a proposed change that is insignificant
or that protects the interest of the consumer such that immediate
implementation is warranted. The request shall include:
    (A) a complete description of the proposed change;
    (B) the reason for the change;
    (C) the reason the requestor believes the proposed
change is insignificant or protects the interest of the consumer such
that immediate implementation is warranted; and
    (D) an explanation of how the change will maintain
the course or ADM in compliance with state law and the rules specified
in this chapter.
  (2) The TEA may request additional information regarding
a proposed change from the course provider making a request under
paragraph (1) of this subsection.
  (3) The TEA will respond to any request made under
paragraph (1) of this subsection within five working days of receipt.
    (A) If the TEA determines that the proposed change
is insignificant or protects the interest of the consumer such that
immediate implementation is warranted, the requestor may immediately
implement the change. The licensed course provider for the approved
course on which the ADM is based shall ensure that the change is implemented
by all schools endorsed to offer the ADM.
    (B) If the TEA determines that the proposed change
is neither insignificant nor protects the interest of the consumer
such that immediate implementation is warranted, the TEA shall notify
the requestor of that determination and the change may not be made
unless the TEA approves the change following a complete review.
  (4) A determination by the TEA to allow immediate
implementation under paragraph (1) of this subsection does not constitute
final approval by the TEA of the change. The TEA reserves the right
to conduct further review after the change is implemented and to grant
or deny final approval based on whether the change complies with state
law and rules specified in this chapter.
  (5) If, following further review, a change in an ADM
that has been immediately implemented pursuant to paragraph (1) of
this subsection is determined not to be in compliance with state law
and rules specified in this chapter, the TEA:
    (A) shall notify the course provider affected by the
change of:
      (i) the specific provisions of state law or rules with
which the ADM change is not in compliance; and
      (ii) a reasonable date by which the ADM must be brought
into compliance;
    (B) shall require the course provider to notify any
school endorsed by the course provider of the finding;
    (C) shall not, for the period between the implementation
of the change and the date specified under subparagraph (A)(ii) of
this paragraph:
      (i) seek any penalty relating to the non-compliance;
      (ii) take any action to revoke or deny renewal of a
license of a school or course provider based on the change; or
      (iii) withdraw approval of a course or ADM based on
the change; and
    (D) is not required to specify the method or manner
by which the course provider alters the ADM to come into compliance
with state law and the rules in this chapter.
  (6) If the TEA allows immediate implementation pursuant
to paragraph (1) of this subsection and later determines that the
description of the change or the request was misleading, materially
inaccurate, not substantially complete, or not made in good faith,
paragraph (5)(C) of this subsection does not apply.
  (7) A course provider who immediately implements a
change pursuant to paragraph (1) of this subsection and fails to bring
the ADM into compliance prior to the date allowed under paragraph
(5)(A)(ii) of this subsection may be determined to be in violation
of state law or the rules in this chapter after that date.
  (8) A course provider that immediately implements a
change under paragraph (1) of this subsection assumes the risk of
final approval being denied and of being required to come into compliance
with state law and the rules in this chapter prior to the date allowed
under paragraph (5)(A)(ii) of this subsection, including bearing the
cost of reversing the change or otherwise modifying the ADM to come
into compliance with state law and the rules in this chapter.
(j) Termination of the school's operation. Upon termination,
schools shall deliver any missing student data to TEA within five
days of termination.
(k) Renewal of ADM approval. The ADM approval must
be renewed every two years. The renewal document due date shall be
March 1 of every even numbered calendar year.
  (1) For approval, the course provider shall:
    (A) update all the statistical data and references
to law with the latest available data; and
    (B) submit a statement of assurance that the ADM has
been updated to reflect the latest applicable laws and statistics.
  (2) Failure to make necessary changes or to submit
a statement of assurance documenting those changes shall be cause
for revocation of the ADM approval.
  (3) The commissioner may alter the due date of the
renewal documents by giving the approved ADM six months' notice. The
commissioner may alter the due date in order to ensure that the ADM
is updated six months after the effective date of new state laws
passed by the Texas Legislature.
(l) Access to instructor. With the exception of circumstances
beyond the control of the school, the student shall have adequate
access (on the average, within two minutes) to both a licensed instructor
and telephonic technical assistance (help desk) throughout the course
such that the flow of instructional information is not delayed.


Source Note: The provisions of this §84.209 adopted to be effective April 21, 2005, 30 TexReg 2222; amended to be effective December 29, 2010, 35 TexReg 11636; transferred effective September 1, 2015, as published in the Texas Register August 28, 2015, 40 TexReg 5471