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Are There Online Alcohol Education Programs For Coronavirus ?

Are There Online Alcohol Education Programs during Coronavirus ?

While alcohol education programs normally require that “Each instructor must be physically present in the classroom with all of the participants for each class”, this regulatory requirement has been waived by Governor Greg Abbott to provide education via remote classroom instruction.

These suspensions are in effect until terminated by the Office of the Governor or until the March 13, 2020 disaster declaration is lifted or expires. In accordance with Section 418.016 of the Texas Government Code, the Office of the Governor has granted TDLR’s request to suspend the following provisions:

Rule Provisions to be Waived for All Alcohol Education Programs Listed

  • Waive 16 TAC §90.43(b) regarding “Each instructor must be physically present in the classroom with all of the participants for each class.”
  • Waive 16 TAC §90.48(a) and (f) applicable to Classroom Facilities and Equipment to allow for the provision of program instruction from certified providers to offenders through remote classroom instruction.

Statutory Provision Waived for Alcohol Education for Minors

  • Waive Texas Alcoholic Beverage Code §106.115(a) as it relates to the word “attend” if it would require a defendant’s physical presence in a classroom setting to receive program instruction related to an alcohol awareness, drug education, or drug and alcohol driving awareness program under this statute, or TDLR rule. Clarify that “attend” may include the provision of program instruction to offenders (and authorized persons) from certified providers via remote classroom instruction.

Statutory Provision Waived for Drug Offender Education

  • Waive  Texas Transportation Code §521.374(a) as it relates to the word “attend” if it would require an offender’s physical presence in a classroom setting to receive program instruction related to a drug education program under this statute, or TDLR rule. Clarify that “attend” may include the provision of program instruction to offenders from certified providers via remote classroom instruction.

Statutory Provision Waived for DWI Education Program

  • Waive Code of Criminal Procedure Article §42A.403(a) as it relates to the word “attend” if it would require an offender’s physical presence in a classroom setting to receive program instruction related to a DWI Education program authorized under this statute, or TDLR rule.
  • Clarify that “attend” may include the provision of program instruction to offenders from certified providers via remote classroom instruction.

Statutory Provision Waived for DWI Intervention Program

  • Waive Code of Criminal Procedure Article 42A.404(a) as it relates to the word “attend” if it would require an offender’s physical presence in a classroom setting to receive program instruction related to a DWI Intervention Education program authorized under this statute, or TDLR rule.
  • Clarify that “attend” may include the provision of program instruction to offenders from certified providers via remote classroom instruction.

Implementation of Remote Classroom Instruction

  • Offender Education programs engaging in remote classroom instruction must ensure that all hours are properly accounted for and that all curriculum delivered must be in accordance with Title 16 Texas Admin. Code, Chapter 90, Sections 90.40 and 90.41.
  • In addition, providers must ensure the identity of the distance-learning student, adhere to the student/instructor ratio limitation, and ensure that the student has the proper tools and materials to participate in the remote classroom instruction.
  • Licensed providers can notify the department by email at OEP@tdlr.texas.gov with the subject line of the email as “COVID-19 Remote classroom instruction” and provide the following information:

Provider name and license number and type of method being used to:

  • Deliver remote classroom instruction, including the platform, technology or program;
  • Track and verify student attendance, including hours completed; and
  • Deliver the end of course test (applicable programs).

Contact Clyde W. Burleson P.C.

If you or a loved one have been arrested for DWI and would like to avoid Alcohol Education Programs, contact Houston DWI Attorney Clyde W. Burleson P.C. at 713-628-1503 for a free consultation.

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