(a) A program provider that offers or provides an online court-ordered program to participants must:      
        (1) ensure that it has access to internet service with sufficient bandwidth to successfully provide, without interruption to the participants, in such a manner that is conducive to instruction and comprehension;       
        (2) provide instructors with the proper equipment that is in good working order and that allows for virtual, real-time, and interactive presentation of all course materials; and       
        (3) confirm that all classes are instructed using current department-approved curriculum and materials, and that all classes are conducted in accordance with department rules and current laws.       
      (b) An instructor must ensure that the online classroom camera is clearly focused on the instructor at all times, and that all participants remain on their cameras throughout the entire class. Instructors and participants are allowed to be off camera during course break periods.     
      (c) An instructor must take the attendance of participants on the course roster and confirm audio and visual function of the participant's equipment from each participant before the start of each class. The instructor must not admit any participant into an online class if the participant does not have functioning audio and video capability on his or her equipment.     
      (d) A program provider must not enroll a participant into an online court-ordered program if the participant does not have compatible equipment that can allow the participant to take, attend, or complete the program.     
      (e) An instructor must remove any participant from class who fails to remain visible on the participant's camera and report the incident to the program provider at the end of the class. The program provider must record the incident in the course records. The instructor or the program provider must not present a certificate to any participant who fails to complete a court-ordered program.     
      (f) The online program provider is responsible for the administration of pre-course testing to participants, where applicable, and ensure the validity and security of post-course testing using the same or similar methods and procedures as would be used for in-person court-ordered programs.     
     Source Note:        The provisions of this §90.48 adopted to be effective September 1, 2022, 47 TexReg 5101