4501-8-09 Course requirements.

[Comment: For dates and availability of material incorporated by reference in this rule, see paragraph (A) in rule 4501-8-21 of the Administrative Code.]

(A) Abbreviated adult courses for beginning drivers, who are at least eighteen years of age and older, may be offered in three categories:

(1) Four hours of classroom equivalent training offered via the internet through a licensed online enterprise; or

(2) Four hours of classroom instruction offered through an abbreviated adult training course; or

(3) Four hours of classroom or online instruction and four hours of behind-the-wheel training.

(4) Those students electing only the courses provided in paragraphs (A)(1) and (A) (2) will be required to drive twenty-four hours, not to exceed four hours per day, with a valid licensed driver. Such students shall submit to the registrar a signed "twenty-four-hour Affidavit" attesting that the student has acquired a minimum of twenty-four hours of driving experience.

(B) The abbreviated adult course classroom and online instruction shall be based upon the principals of and cover, at a minimum, the body of knowledge contained in the "Abbreviated Adult Course Curriculum." The abbreviated adult course shall consist of four hours of classroom or online instruction.

(C) The abbreviated adult course behind-the-wheel training shall be based upon the principals of and cover, at a minimum, the laboratory lessons contained in the "Abbreviated Adult Course Curriculum." The abbreviated adult course shall consist of four hours of behind-the-wheel instruction.

(D) Except as provided in rule 4501-8-06 of the Administrative Code for a medically based hospital or rehabilitation facility that offers instruction for persons with a disability, and for online enterprises offering the classroom equivalent only via the internet, enterprises that provide the abbreviated adult course shall be able to provide both the classroom and the behind-the-wheel training.

(E) The classroom instruction shall meet the following requirements:

(1) The classroom environment shall be maintained in a manner that is conducive to learning. In maintaining an environment that is conducive to learning, the school shall give consideration to the appropriate class size, appropriate methods of maintaining discipline, and any other relevant factors;

(2) A ten minute break shall be provided at the approximate mid-point of the lesson for students receiving more than two continuous hours of training;

(3) Any materials or workbooks used for classroom instruction shall be available to every student taking that instruction. Instructional materials referenced during the classroom instruction shall be provided for each student;

(4) No videos, slides or films, or activities unrelated to safe driving practices, driver knowledge, or driver skill shall be used;

(5) It shall be the responsibility of the driver training enterprise to determine each student's successful completion by means of a comprehensive final examination measuring driver knowledge.

(a) No student being tested shall be permitted to refer to any materials that may contain answers to the questions thereon;

(b) The final examination shall be administered and graded in-person by a licensed instructor. Only examinations provided by the director shall be used. Accommodations shall be made for the final examination to assist students with confirmed learning difficulties.

(c) The student shall answer seventy-five per cent or more of the questions comprising the final examination correctly in order to constitute a successful completion of the classroom instruction.

(d) The student may be offered no more than two additional opportunities to a final examination if the student failed the first attempt. The student may not re-take an exam that the student had previously taken and failed.

(e) A student who fails all three attempts at the final examination shall re-take the classroom instruction.

(f) The record of all final examinations given shall include the date the test was given, the student's score, the name and signature of the instructor who administered and graded the exam, and the student's name and signature.

(g) The enterprise's adult training coordinator or authorizing official shall store the results of such measurements and maintain the results in the student's file for three years.

(6) A student who is absent from any portion of the classroom instruction shall make up the segment of the instruction missed prior to receiving a certificate;

(F) The online abbreviated adult course instruction shall meet the following requirements:

(1) Student curriculum and content based questions and/or comments shall be responded to by an online instructor. This includes, but is not limited to, responses to message boards, chat rooms, e-mails and telephone calls;

(2) Any reference material required for the student to complete the online instruction must be provided to the student prior to the start of the online instruction

(3) Each student successfully enrolled in an online abbreviated adult course shall be provided with a username and password. This username and password shall be required for each time the student logs into the program;

(4) Personal validation questions shall appear, at a minimum, twice throughout the entire course and at a minimum shall appear once during the final examination. The student shall answer correctly the personal validation question within sixty seconds for the questions presented over the internet. The student shall have no more than one additional opportunity to answer another validation question if the student fails to answer correctly the first question. Failure to answer both validation questions correctly shall lock the student out of the program for twenty-four hours.

(5) The online driver education program shall provide a final examination at the completion of the program. All final examinations shall be given during the online provider's operational hours and an online instructor shall be available during this time. In addition to paragraph (E)(5) of this rule, with the exception of paragraph (E)(5)(b) of this rule, the final examinations shall:

(a) Include twenty questions that have been randomly drawn from the "Abbreviated Adult Examination Questions Test Bank." No question shall appear more than once per final examination;

(b) Not identify the correct answer of a final examination question to the student until the entire test has been completed and submitted;

(G) The behind-the-wheel training shall meet the following requirements:

(1) No behind-the-wheel training shall be given to a student who does not hold and carry a valid temporary permit or operator's license. No student shall be given behind-the-wheel instruction using a permit or license which has expired or which has been suspended or revoked;

(2) When a student operates a motor vehicle upon public highways, a licensed instructor shall be in the vehicle seated beside the driver. The instructor shall wear, in a conspicuous location, an identification card. The identification card shall display a clear photo of the instructor's face, the instructor's name and the name of the driver training school for which the instructor is working;

(3) No instructor shall give a student behind-the-wheel instruction before the student has received at least two hours of classroom instruction;

(4) No instructor shall provide a student any behind-the-wheel instruction, if within the same day the student has taken four hours of classroom instruction, unless the student has been provided a thirty minute break after completion of the classroom instruction;

(5) Students receiving more than two continuous hours of behind-the-wheel training shall be provided a ten-minute break at the approximate mid-point of the lesson;

(6) Instructors shall ensure that a student's first thirty minutes of training occurs in an area that is reasonable free from pedestrian and vehicular traffic, and that first thirty minutes does not include operation of a vehicle on primary traffic arteries, main highway routes, and other thoroughfares that carry a large amount of traffic;

(7) During times of behind-the-wheel training, use of any items or behavior that causes unreasonable distraction shall be prohibited. No eating or drinking by the students shall be permitted in the vehicle during times of training or while the vehicle is in motion;

(8) No more than two students may be in a vehicle while behind-the-wheel instruction is being given. No credit for the hours of required behind-the-wheel training shall be given to a student who is not driving.

(9) An on-road evaluation of the student's ability to drive shall be performed at the end of the four hours. The evaluation shall be based upon basic driving skills and the student's good faith effort to perform the basic skills.

(H) The total training a student receives shall not exceed six hours in one day, including both classroom or online instruction and behind-the-wheel training.

(I) Classroom instruction, online instruction and behind-the-wheel training shall consist of no less than sixty minutes for each hour credited towards the completion of the required training. Time taken for breaks shall not be included when calculating completion of the required instruction.

(J) Except for an online abbreviated adult course, students shall be taught and supervised by a licensed instructor. Licensed instructors shall instruct students only under the authority and guidance of a licensed driver training school.

(K) For an online abbreviated adult course, any modifications made to the online instruction, including but not limited to, design, quizzes, activities, modules, content, law updates or resources must be approved by the director prior to being placed into production.

(L) In order to meet the standards set forth in division (A)(2)(a) of section 4508.02 of the Revised Code, an online abbreviated adult course provider must implement and maintain all security controls included in the "Online Driver Education Security Assessment."

(M) All training as required in this rule, provided by the enterprise shall be made available to, and completed by, the student within three months of the first date of training, unless mitigating circumstances occur. Mitigating circumstances include health and family issues that disrupt the student's ability to receive training. Mitigating circumstances shall be documented in the student's record. Requests for special circumstances not listed to be considered as "mitigating" shall be requested through the department. If no mitigating circumstances are approved, training will be voided and the student shall re-take the training.

Cite as Ohio Admin. Code 4501-8-09

Effective: 7/1/2016
Five Year Review (FYR) Dates: 06/20/2021
Promulgated Under: 119.03
Statutory Authority: 4508.02
Rule Amplifies: 4508.02