Proposed Rules Title 16

TITLE 16. ECONOMIC REGULATION

PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

CHAPTER 84. DRIVER EDUCATION AND SAFETY

The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 84, Subchapter A, §84.2 and §84.3; Subchapter C, §§84.40, 84.43, 84.44, 84.46; Subchapter D, §84.50; Subchapter E, §84.60 and §84.63; Subchapter G, §84.80; and Subchapter N, §84.600 and §84.601; new rules at Subchapter D, §84.51 and §84.52; Subchapter M, §§84.500 - 84.505; and the repeal of existing rules at Subchapter D, §84.51 and §84.52; and Subchapter M, §§84.500 - 84.502 and §84.504 regarding the Driver Education and Traffic Safety (DES) program. These proposed changes are referred to as "proposed rules."

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The proposed rules under 16 TAC, Chapter 84, implement House Bill (HB) 1560, Article 5, Regular Session (2021) and Texas Education Code, Chapter 1001, Driver and Traffic Safety Education.

The proposed rules are necessary to complete the Department's administrative rulemaking effort for the implementation of HB 1560, Article 5 for the DES program, which addresses rule amendments relating to: (1) driver training curriculum, driver education certificate prerequisites, and enforcement; and (2) implementing the recommendations of the DES Curriculum Workgroup (Workgroup).

House Bill 1560, Article 5, Driver Education (Phase 2)

House Bill 1560, Article 5, Regular Session (2021) represented a significant reorganization and modification in the Driver Education and Traffic Safety program, which the Department is implementing in two phases. The first phase of the DES bill implementation project included: (1) repealing specific driver training license types, program courses, endorsements, and administrative functions to promote simplicity and transparency for stakeholders; and (2) amending program fees and requirements related to the revised license types. The Department accomplished these objectives in its first rulemaking to implement the bill, through the adoption of rules that became effective June 1, 2023.

This second phase of rulemaking will address additional amendments that will impact issues such as: (1) driver education course curriculum, classroom and behind-the-wheel instruction hours, and course creation; (2) provider administration of driver education certificates after course auditing; and (3) authorizing the Commission to change minimum hours for driver education course instruction.

The Workgroup conducted three meetings in this second phase to address the proposed changes to the DES program brought about by HB 1560, Article 5. The Workgroup review was limited to 16 TAC Chapter 84, Subchapters A, C-E, G, M and N, and the proposed rules reflect their recommendations.

Advisory Board Recommendations

The proposed rules were presented to and discussed by the Driver Education and Traffic Safety Advisory Committee (Committee) at its meeting on April 25, 2024. The Advisory Board approved changes to the proposed rules at 16 TAC §§84.500, 84.502, 84.505 and 84.601. The Advisory Board voted and recommended that the proposed rules with changes be published in the Texas Register for public comment.

SECTION-BY-SECTION SUMMARY

Subchapter A, General Provisions.

The proposed rules amend §84.2, Definitions, by: (1) adding new definitions for "behind-the-wheel instruction", "in-car instruction", "registered agent", and "supervised practice"; and (2) renumbering the provisions as needed.

The proposed rules amend §84.3, Materials Adopted by Reference, by updating the DES Program Guides adopted by reference to their new 2024 editions, which include updates to reflect current laws, rules, and Department policies and to improve organization and clarity. The DES Program Guides will be published separately in the Texas Register in the "In-Addition" section of the publication with the proposed rules.

Subchapter C, Driver Education Schools and Instructors.

The proposed rules amend §84.40, Driver Education Provider Licensure Requirements, by: (1) repealing the requirement that a school provide a current list of inventoried motor vehicles used for instruction as a part of the license renewal application; and (2) correcting rule language.

The proposed rules amend §84.43, Driver Education Certificates, by: (1) adding a provision that a school's failure to update curriculum following an audit recommendation could result in the Department's suspension of the school's right to receive driver education certificates; (2) expanding suspension or revocation penalties to a school's credentials in the event of any misrepresentation made by a school or instructor in issuing a driver education certificate; and (3) clarifying rule language and grammar.

The proposed rules amend §84.44, Driver Education Instructor License, by correcting rule language.

The proposed rules amend §84.46, Attendance and Makeup, by correcting rule language.

Subchapter D, Parent-Taught Driver Education.

The proposed rules amend §84.50, Parent-Taught Driver Education Program Requirements, by (1) adding language clarifying the minimum amount of behind-the-wheel instruction and supervised practice a student must complete after receiving a learner license upon completion of Module One; and (2) repealing language requiring that behind-the-wheel parent taught driver education be conducted solely on Texas highways.

The proposed rules add new §84.51, Submission of Parent-Taught Course for Department Approval. The new rule replaces existing §84.51 to repeal the department's practice of pre-approval of course material at initial application, and course review upon renewal, consistent with HB 1560 directives.

The proposed rules add new §84.52, Revocation of Department Approval (formerly entitled "Cancellation of Department Approval"). The new rule replaces existing §84.52 to: (1) expand the Department's authority to revoke a parent-taught driver education (PTDE) provider license in the event the course material is inconsistent with applicable state law; (2) provide a 90-day window for a PTDE provider to correct any deficiencies in the course material noticed by the Department before possible revocation; (3) establish a 30-day waiting period for a PTDE provider to reapply for a new parent-taught driver education provider license after revocation; and (4) clarified rule language.

The proposed rules repeal existing §84.51, Submission of Parent-Taught Course for Department Approval.

The proposed rules repeal existing §84.52, Cancellation of Department Approval.

Subchapter E, Providers.

The proposed rules amend §84.60, Driving Safety Provider License Requirements, by correcting rule language.

The proposed rules amend §84.63, Uniform Certificate of Course Completion for Driving Safety Course, by correcting rule language.

Subchapter G, General Business Practices.

The proposed rules amend §84.80, Names and Advertising, by correcting rule language.

Subchapter M, Curriculum and Alternative Methods of Instruction.

The proposed rules add new §84.500, Courses of Instruction for Driver Education Providers. The new rule replaces existing §84.500 to: (1) update the educational objectives of driver training courses consistent with current state law; (2) reduce the minimum of classroom instruction hours in driver education courses from 32 to 24 hours; (3) govern the administration and teaching of driver education materials to maximize student mastery of educational content; (4) clarify driver education requirements related to behind-the-wheel and in-car instruction; (5) transfer the rule requirements for in-person and online adult six-hour driver education courses to new §§84.502 and 84.503, respectively; (6) restrict students from enrolling in a driver education course after commencement of the fifth hour (instead of the seventh hour) of classroom instruction; (7) allow DE providers more flexibility in the presentation of driver education instruction to students, consistent with the provisions of HB 1560; and (8) reorganize subsections as needed.

The proposed rules add new §84.501, Driver Education Course Alternative Method of Instruction. The new rule replaces existing §84.501 to: (1) clarify minimum Department standards for AMI approval to ensure secure testing and security measures for content and personal validation, and integrity and consistency in presentation of driver education course curriculum with in-person and online instruction; (2) reduce the total duration of student break intervals, and the minimum hours of driver education instructional content presented in an AMI format from 32 hours to 24 hours; (3) increase the minimum amount of minutes allocated to an AMI for multimedia presentations from 640 minutes to 720 minutes; (4) simplify the academic integrity standards and instructional design concepts for an AMI driver education course; (5) add multifactor authentication requirements for personal validation of students for an AMI driver education course; (6) clarify the process by which a DE provider may modify AMI instructional methods and ensure that such changes are consistent with applicable law, rules and DE Program Guides; and (7) reorganize subsections as needed.

The proposed rules add new §84.502, In-Person Driver Education Course Exclusively for Adults. The new rule replaces existing §84.502 to: (1) move the Department rules related to the Adult In-Person Six Hour Driver Education Course from §84.500(b)(2) and place them in a separate section for greater ease in location and clarity for the public; and (2) reorganize the subsections as needed.

The proposed rules add new §84.503, Online Driver Education Course Exclusively for Adults, to: (1) move the Department rules related to the Adult Online Six Hour Driver Education Course from §84.500(b)(2)(B) and place them in a separate section for greater ease in location and clarity for the public; (2) add multifactor authentication requirements for personal validation of students for an online adult six-hour driver education course; and (3) reorganize the subsections as needed.

The proposed rules add new §84.504, Driving Safety Courses of Instruction. The new rule replaces existing §84.504 to: (1) relocate the Driving Safety rules from §84.502 to this new rule location; (2) update the educational objectives of driver training courses consistent with current state law; (3) remove authorship requirements for those providers that compose customized driving safety curriculum; (4) simplify rule language; and (5) reorganize the subsections as needed.

The proposed rules add new §84.505, Driving Safety Course Alternative Delivery Method, to: (1) relocate existing §84.504 to this new rule location; (2) add multifactor authentication requirements for personal validation of students for an ADM six-hour driving safety education course; (3) simplify rule language; and (4) reorganize the subsections as needed.

The proposed rules repeal existing §84.500, Courses of Instruction for Driver Education Schools.

The proposed rules repeal existing §84.501, Driver Education Course Alternative Method of Instruction.

The proposed rules repeal existing §84.502, Driving Safety Courses of Instruction.

The proposed rules repeal existing §84.504, Driving Safety Course Alternative Delivery Method.

Subchapter N, Program Instruction for Public Schools, Education Service Centers, and Colleges or Universities Course Requirements.

The proposed rules amend §84.600, Program of Organized Instruction, by: (1) reducing the minimum of classroom instruction hours in a driver education course from 32 to 24 hours; (2) restricting students from enrolling in a driver education course after commencement of the fifth hour (instead of the seventh hour) of classroom instruction in a 24-hour program; (3) limiting driver education training (including in-car instruction) to a maximum of six hours each day; and (4) clarifying rule language.

The proposed rules amend §84.601, Additional Procedures for Student Certification and Transfers, by reducing the record retention period for Texas schools of driver education course completion certificates from seven years to three years, or as mandated by the school district.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Tony Couvillon, Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rules are in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rules.

Tony Couvillon, Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rules.

LOCAL EMPLOYMENT IMPACT STATEMENT

Because Mr. Couvillon has determined that the proposed rules will not affect a local economy, the agency is not required to prepare a local employment impact statement under Texas Government Code §2001.022.

PUBLIC BENEFITS

Mr. Couvillon also has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be that the proposed rules become clearer and easier to understand, and aids license holders to comply with the rules more fully.

Adoption of the limited changes contained in the proposed rules by the Texas Commission of Licensing and Regulation will: (1) clarify and update the curriculum requirements to reflect the current roles and responsibilities for the driver education provider types; (2) align the standards for parent-taught course approvals to conform with current department practices; (3) reduce the minimum number of classroom hours for a driver education course from 32 hours to 24 hours, allowing providers to streamline educational materials delivered to students and increase content mastery; and (4) increase the maximum hours of daily driver education for prospective students by providers from four to six hours, allowing providers to more efficiently offer classroom and in-car instruction.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

Mr. Couvillon has determined that for each year of the first five-year period the proposed rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules.

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.

Many holders of driver education provider licenses are small or micro-businesses. However, the agency does not track employee numbers or gross receipt amounts for its license holders, so the number of such businesses cannot be estimated. The proposed rules do not impose any adverse costs on small or micro-businesses. All driver education courses currently exceed the minimum number of hours, and no provider is required to reduce the hours in their driver education course curriculum, therefore no cost is required to comply. Any costs that might be entailed in complying with the minor changes to the curriculum language will be minimal.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

The proposed rules do not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

Pursuant to Texas Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed rules will be in effect, the agency has determined the following:

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules expand, limit, or repeal an existing regulation.

The proposed rules require a decrease in the classroom hours for the teen course from 32 to 24.

The proposed rules expand an existing regulation by adding failure to update curriculum post-audit as required as an additional reason for the suspension of the provider's right to receive driver education certificates; and by authorizing a public school to determine a combination of methods of instruction that can be provided in the six hours of driver education training allowed.

The proposed rules limit a regulation by removing the requirement for a renewing driver education provider to submit a current list of all motor vehicles used for instruction, and by removing the signature requirement for a driving training entity ordering driver education certificates.

7. The proposed rules do not increase or decrease the number of individuals subject to the rules' applicability.

8. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

The Department has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.

PUBLIC COMMENTS

Comments on the proposed rules may be submitted electronically on the Department's website at https://ga.tdlr.texas.gov:1443/form/gcerules; by facsimile to (512) 475-3032; or by mail to Shamica Mason, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register.

SUBCHAPTER A. GENERAL PROVISIONS

16 TAC §84.2, §84.3

STATUTORY AUTHORITY

The proposed rules are proposed under Texas Occupations Code, Chapter 51, and Texas Education Code, Chapter 1001, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapter 51, and Texas Education Code, Chapter 1001. No other statutes, articles, or codes are affected by the proposed rules.

The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is House Bill 1560, 87th Legislature, Regular Session (2021).

§84.2.Definitions.

Words and terms defined in the Code have the same meaning when used in this chapter. The following words and terms have the following meanings when used in this chapter, unless the context clearly indicates otherwise.

(1) ADE-1317--The driver education certificate of completion confirming student completion of a department-approved driver education course exclusively for adults.

(2) Advertising--Any affirmative act, whether written or oral, designed to call public attention to a driver training provider or course [~~in order~~] to evoke a desire to patronize that driver training provider or course. This includes meta tags and search engines.

(3) Behind-the-wheel instruction - Driving instruction of a licensed student driver conducted with a TDLR licensed instructor, or authorized parent or individual pursuant to Texas Education Code §1001.112.

(4) [~~(3)~~] Branch location--A licensed in-person driver education provider that has the same ownership and name as a licensed primary in-person driver education provider but has a different physical address from the primary provider.

(5) [~~(4)~~] Code--Refers to Texas Education Code, Chapter 1001.

(6) [~~(5)~~] Contract site--An accredited public or private secondary, or postsecondary school approved as a location for a driver education course of a licensed driver education provider.

(7) [~~(6)~~] DE-964--The driver education certificate of completion confirming completion of an approved minor and adult driver education course.

(8) [~~(7)~~] Education Service Center (ESC)--A public school district service organization of the Texas Education Agency governed by Texas Education Code, Chapter Eight.

(9) [~~(8)~~] Endorsement - The method by which a driver education course is delivered to the student, whether in-person, online or parent-taught.

(10) In-car instruction - Refers to observation instruction and behind-the-wheel instruction.

(11) [~~(9)~~] Instructional Hour (also known as "Clock Hour"):

(A) Driver Education Provider Instructional Hour--55 minutes of instruction time in a 60-minute period for a driver education course. This includes classroom and in-car instruction time.

(B) Driving Safety Provider Instructional Hour--50 minutes of instruction in a 60-minute period for a driving safety course.

(12) [~~(10)~~] Personal validation question--A question designed to establish the identity of the student by requiring an answer related to personal information such as a driver's license number, address, date of birth, or other similar information that is unique to the student.

(13) [~~(11)~~] Primary driver education provider--The main business location for a licensed in-person driver education provider.

(14) [~~(12)~~] Public or private school--A public or private secondary school accredited by the Texas Education Agency.

(15) Registered agent - An individual Texas resident or an organization on whom may be served process, notice, or demand required or permitted by law to be served on a filing entity, domestic or foreign. Registered agents must be designated and maintained in accordance with Texas Business Organizations Code, Chapter Five.

(16) [~~(13)~~] Relevant driver training entity--Refers to a licensed driver education provider, exempt driver education school, public or private school, education service center, college, or university.

(17) Supervised practice - Driving instruction of a licensed student driver conducted with a TDLR licensed instructor, or in the presence of an adult who meets the requirements of Texas Transportation Code, §521.222(d)(2), or authorized parent or individual pursuant to Texas Education Code §1001.112.

(18) [~~(14)~~] Uniform certificate of course completion--A document with a serial number purchased from the department that is printed, administered, and supplied by driving safety providers for issuance to students confirming completion of an approved driving safety course, and that meets the requirements of Texas Transportation Code, Chapter 543, and Texas Code of Criminal Procedure, Article 45.051 or 45.0511. This term encompasses all parts of an original or duplicate uniform certificate of course completion.

(19) [~~(15)~~] Validation question--A question designed to establish the student's participation in a course or program and comprehension of the materials by requiring the student to answer a question regarding a fact or concept taught in the course or program.

§84.3.Materials Adopted by Reference.

(a) The minimum requirements for course content, classroom instruction, in-car, simulation, and range training required by this chapter for a minor and adult driver education course are the standards established in the Program of Organized Instruction in Driver Education and Traffic Safety (POI-DE), December 2024 [~~May 2022~~] Edition, created and distributed by the department, which is adopted into these rules by reference.

(b) The minimum requirements for course content and instruction for a driver education course exclusively for adults are the standards established in the Program of Organized Instruction in Driver Education and Traffic Safety Exclusively for Adults Six-Hour Course (POI-Adult Six-Hour), December 2024 [~~May 2022~~] Edition, created and distributed by the department, which is adopted into these rules by reference.

(c) The minimum requirements for course content and instruction for a driving safety course are the standards established in the Course of Organized Instruction for Driving Safety, (COI-Driving Safety), December 2024 [~~May 2022~~] Edition, created and distributed by the department, which is adopted into these rules by reference.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 5, 2024.

TRD-202403590

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: September 15, 2024

For further information, please call: (512) 463-7750

SUBCHAPTER C. DRIVER EDUCATION SCHOOLS AND INSTRUCTORS

16 TAC §§84.40, 84.43, 84.44, 84.46

STATUTORY AUTHORITY

The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is House Bill 1560, 87th Legislature, Regular Session (2021).

§84.40.Driver Education Provider Licensure Requirements.

(a) Application. An application for licensure as a driver education provider must be made on forms prescribed by the department[,] and be accompanied by the appropriate fees. An application for a branch driver education provider license must not have the same physical address as the primary provider. A license application is valid for one year from the date it is filed with the department.

(b) Bond requirements. In the case of an original or a change of owner application, an original bond must be provided. In the case of a renewal application, an original bond or a continuation agreement for the approved bond currently on file must be submitted. The bond or the continuation agreement must be executed on the form provided by the department.

(c) Verification of driver education provider ownership. In the case of an original or change of owner application for a driver education provider, the owner must provide verification of ownership to the department.

(d) Change of ownership of a driver education provider. A change of ownership occurs when there is a change in the control of the provider. The control of a provider is considered to have changed:

(1) in the case of ownership by an individual, when more than 50 percent of the provider has been sold or transferred;

(2) in the case of ownership by a partnership or a corporation, when more than 50 percent of the provider, or of the owning partnership or corporation has been sold or transferred; or

(3) 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 provider.

(e) Purchase of a driver education provider.

(1) A person who purchases a licensed driver education provider must obtain an original license or branch location license as applicable.

(2) The purchaser must assume all refund liabilities incurred by any former owner as well as the liabilities, duties, and obligations under the enrollment contracts between the students and any former owner before the transfer of ownership.

(f) New location or change of address.

(1) The department must be notified in writing of any change of address at least fifteen (15) working days before the move.

(2) The driver education provider must submit the appropriate change of address fee prior to the actual move.

(3) If a student is not willing or able to change locations, a pro-rata refund (without deducting any administrative expense) must be made to the student.

(g) Renewal of driver education provider license. An application for the renewal of a license for a driver education provider must be submitted before the expiration of the license and include the following:

(1) the renewal fee;

(2) a current list of instructors at the school, if applicable; and

(3) an executed bond or executed continuation agreement for the bond, currently approved by and on file with the department. [~~; and~~]

~~[(4) if applicable, a current list of all motor vehicles used for instruction.]~~

(h) Denial, revocation, or conditional license. The authority to operate a branch location ceases if a primary driver education provider license is denied or revoked. The operation of a branch location license may be subject to any conditions placed on the continued operation of the primary driver education provider. A driver education provider license for a branch location may be denied, revoked, or conditioned separately from the license for the primary location.

(i) Driver education provider closure.

(1) The driver education provider owner must notify the department at least fifteen (15) working [~~business~~] days before the anticipated provider closure. In addition, the driver education provider owner must provide written notice of the actual discontinuance of the operation on the day of cessation of classes. A driver education provider must make all records available for review to the department upon department request.

(2) The department may declare a driver education provider to be closed:

(A) when the provider no longer has the facilities, vehicles, instructors, or equipment to provide training pursuant to this chapter;

(B) when the provider has stopped delivering instruction and training in driver education and has failed to fulfill contractual obligations to its students;

(C) when the provider informs the department in writing of its intention to no longer deliver instruction or training in driver education and returns all unissued driver education certificates or certificate numbers; or

(D) when the provider owner allows the license to expire.

(3) If a branch location closes and a student is not willing or able to complete the training at the primary location, a pro-rata refund (without deducting any administrative expense) must be made to the student.

(j) A driver education provider must not state or imply that a driver's license, permit, or DE-964 is guaranteed or assured to any student or individual who will take or complete any instruction, or enroll, or otherwise receive instruction from any driver education provider.

(k) Contract site. An in-person driver education provider may conduct a course at a contract site, upon execution of a legal written agreement between the licensed driver education provider and an authorized representative for the contract site to provide driver education instruction. The course is subject to the same rules that apply to the licensed driver education provider, including inspections by department representatives. An on-site inspection is not required prior to use of the site. The written agreement is subject to the recordkeeping requirements under §84.81.

§84.43.Driver Education Certificates.

(a) Relevant driver training entities.

(1) A relevant driver training entity may request driver education certificates or certificate numbers by submitting an online[~~, mailed or faxed~~] department prescribed order form, [~~signed by an authorized representative of the relevant driver training entity,~~] stating the number of driver education certificates or certificate numbers to be purchased and include payment of all appropriate fees. [~~A signature is not required for orders placed through the online system.~~]

(2) Relevant driver training entities must:

(A) issue driver education certificates or certificate numbers only to students who have successfully completed the applicable portion of the approved driver education course;

(B) issue driver education certificates or certificate numbers in serial number order as purchased from the department;

(C) indicate the serial number of the original driver education certificate or certificate number on such certificate or certificate number and any issued duplicate, if necessary;

(D) not use an ADE-1317 driver education certificate or certificate number to replace a DE-964 driver education certificate or certificate number;

(E) not transfer unassigned or blank driver education certificates or certificate numbers at any time;

(F) maintain effective protective measures to ensure the security of driver education certificates or certificate numbers to prevent the unauthorized production or misuse of the certificates, and for the recovery of lost data (electronic or otherwise) for such certificates or certificate numbers;

(G) maintain reconciliation records of all purchased, issued, unissued or unassigned driver education certificates or certificate numbers in ascending serial number order, and ensure security and recovery of the reconciliation record data;

(H) make all records available for review by representatives of the department upon request;

(I) return unissued driver education certificates or certificate numbers to the department within thirty (30) calendar days from the date of the discontinuance of the driver education program, unless otherwise notified by the department;

(J) report to the department all unaccounted driver education certificates or certificate numbers within fifteen (15) working days of the discovery of the incident;

(K) conduct an investigation to determine the circumstances surrounding their unaccounted driver education certificates and report the investigation findings, including preventative measures for recurrence, to the department within thirty (30) calendar days of the discovery;

(L) develop and maintain effective policies and processes to ensure constant privacy, security, and integrity of confidential student information, personal and financial, and make the privacy policy available to all students; and

(M) ensure that the front of each driver education certificate contains the department's complaint contact information and current department telephone number in a font that is visibly recognizable.

(3) Each unaccounted original or duplicate driver education certificate or certificate number (whether lost, stolen, blank, or unissued) may be considered a separate violation.

(4) The right to receive driver education certificates may be immediately suspended for a period determined by the department if:

(A) a department investigation is in progress and the department has reasonable cause to believe the certificates have been misused or abused or that adequate security was not provided; or

(B) the relevant driver training entity or its designee fails to provide information on records requested by the department, or fails, post-audit, to update curriculum based on changes in department rules or applicable law within the required time.

(5) The driver education certificate is a government record as defined under Texas Penal Code, §37.01(2). Any misrepresentation by the applicant or person issuing the driver education certificate may result in suspension or revocation of instructor and/or provider credentials or program approval and/or criminal prosecution.

(b) Driver education provider responsibilities.

(1) Driver education certificates or certificate numbers must only be ordered by driver education providers. The primary driver education provider must order all driver education certificates and certificate numbers for its branch locations.

(2) A driver education provider must issue the "For Learner License Only" portion of the DE-964 certificate to the student upon successful completion of Module One of the Program of Organized Instruction for Driver Education and Traffic Safety.

(3) A driver education provider must issue the "For Driver License Only" portion of the DE-964 certificate to the student upon successful completion of the driver education course.

(4) The exception to paragraphs (2) and (3) is a request for transfer by the parent or legal guardian of the student. The transfer policy will be followed to comply with the parent or legal guardian request for transfer.

(5) The DPS copy of a driver education certificate must contain the original signature of the driver education instructor, or the designated parent-taught driver education instructor as applicable. The name of the driver education provider owner or its designee may be written, stamped, or typed.

(1) The driver education certificates must be issued to the superintendent, college, or university chief school official, ESC director, or their designee responsible for managing the certificates for the school. This does not remove the superintendent, college, or university chief school official, or ESC director from obligations pursuant to this subchapter to oversee the program.

(2) The department will accept purchase requisitions from school districts.

(3) Each superintendent, college, or university chief school official, ESC director, or their designee must ensure that the policies concerning driver education certificates are followed by all individuals who have responsibility for the certificates.

(4) The superintendent, college, or university chief school official, ESC director, or their designee must ensure that employees issue a driver education certificate only to a person who has successfully completed the entire portion of the course for which the driver education certificate is being used.

(A) The "For Learner License Only" portion of the driver education certificate must be issued to the student upon completion of Module One of the Program of Organized Instruction for Driver Education and Traffic Safety.

(B) The "For Driver License Only" portion of the driver education certificate must be issued to the student upon completion of the driver education program.

(C) The exception to subparagraphs (A) and (B) is a request for transfer by the parent or legal guardian of the student. The transfer policy will be followed to comply with the parent or legal guardian request for transfer.

(5) The DPS copy of a driver education certificate must contain the original signature of the driver education instructor. The name of the superintendent, college, or university chief school official, ESC director, or their designee may be written, stamped, typed, or omitted.

(6) The superintendent, college, or university chief school official, ESC director, or their designee must complete the affidavit on the driver education certificate if the licensed instructor has left the driver education program, become seriously ill or deceased.

§84.44.Driver Education Instructor License.

(a) An application for licensure as a driver education instructor must be made on forms prescribed by the department and be accompanied by the appropriate fees. A license application is valid for one year from the date it is filed with the department. A person applying for an original driver education instructor license must:

(1) hold a valid class A, B, C, or CDL driver's license, other than a learner license or provisional license, for the preceding three years, that has not been revoked or suspended in the preceding three years;

(2) submit a completed application with non-refundable application fee as prescribed by the department;

(3) submit the instructor licensing fees;

(4) submit a national criminal history record information review fee; and

(5) provide fingerprints to the Texas Department of Public Safety (DPS) through the IdentoGo Fingerprint Service or any other method required by the DPS.

(b) A driver education instructor may perform instruction and administration of the classroom and in-car phases of driver education, as prescribed in the POI-DE, and the classroom phase of the POI-Adult Six-Hour.

(c) An application for renewal of a driver education instructor license must be submitted on forms prescribed by the department. A complete renewal application must include the following:

(1) the renewal fee;

(2) provide a valid driver license record that meets the requirements stated in §84.44(a)(1); and

(3) if selected for audit, proof of successful completion of at least two hours of continuing education credit during the license renewal period relating to driver education, driving safety, and instructional techniques.

(d) The department will employ an audit system for reporting completion of continuing education. The licensee is responsible for maintaining a record of the licensee's continuing education experiences. The certificates, transcripts, or other documentation verifying the completion of continuing education hours must not be forwarded to the department at the time of renewal unless the department has selected the licensee for audit.

(e) The audit process for continuing education will be as follows:

(1) The department will select for audit a random sample of licensees for each renewal period. Licensees will be notified of the continuing education audit when they receive their renewal documentation.

(2) If selected for an audit, the licensee must submit copies of certificates, transcripts, or other documentation satisfactory to the department, verifying the licensee's attendance, participation, and completion of the continuing education. All documentation must be provided at the time of the renewal.

(3) Failure to timely furnish documentation or providing false information during the audit process or renewal process are grounds for disciplinary action against the licensee.

(f) An applicant for a driver education instructor license or its renewal must [~~successfully~~] pass a criminal history background check.

§84.46.Attendance and Makeup.

(a) Written or electronic records of student attendance must be prepared daily to document the attendance and absence of the students. A student must make up any time missed. Electronic signatures must comply with Texas Business and Commerce Code, Chapter 322.

(b) Driver education training offered by the provider must not exceed six hours per day. In-person driver education providers may include five minutes of break per instructional hour as identified in §84.500 (relating to Courses of Instruction for Driver Education Providers [~~Schools~~]). In-car instruction provided by the provider must not exceed four hours per day as follows:

(1) four hours or less of in-car training; however, behind-the-wheel instruction must not exceed two hours per day; or

(2) four hours or less of simulation instruction; or

(3) four hours or less of multicar range instruction; or

(4) any combination of the methods delineated in this subsection that does not exceed four hours per day.

(c) A student must complete the hours of instruction for the required classroom and in-car phases of the minor or adult driver education course, including any makeup lessons, within the timeline specified in the original student enrollment contract.

(d) Amendments [~~Variances~~] to the timelines for completion of the driver education instruction stated in the original student enrollment contract may be made at the discretion of the provider owner and must be agreed to in writing by the parent or guardian.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 5, 2024.

TRD-202403591

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: September 15, 2024

For further information, please call: (512) 463-7750

SUBCHAPTER D. PARENT-TAUGHT DRIVER EDUCATION

16 TAC §§84.50 - 84.52

STATUTORY AUTHORITY

The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is House Bill 1560, 87th Legislature, Regular Session (2021).

§84.50.Parent-Taught Driver Education Program Requirements.

(a) Prior to teaching a department-approved parent-taught driver education course, a parent or other individual authorized under §1001.112 of the Code, must submit a completed request for Parent-Taught Driver Education Instructor Designation Service Application with a non-refundable fee to the department.

(b) After receiving the Parent-Taught Driver Education Instructor Designation Service Application, the instructor must obtain one of the department approved parent-taught driver education courses to fulfill program requirements.

(c) The parent-taught driver education provider must provide the appropriate portion of a control-numbered DE-964 to a person who has completed the objectives found in Module One: Traffic Laws of the POI-DE, or who has successfully completed the entire portion of the course for which the DE-964 is being issued.

(d) The program includes both classroom and in-car instruction phases. Instruction is limited to six hours per day, including not more than two hours of behind-the-wheel instruction per day.

(e) The parent, or other individual authorized under §1001.112 of the Code, may teach both instruction phases, or utilize a licensed driver education provider, or public driver education school for either phase.

(f) The fourteen (14) hours of in-car instruction must be taught under one program: either parent-taught, or a licensed driver education provider, or public driver education school. All previous driver education hours must be repeated if the method of instruction changes prior to completion of either phase.

(g) The remaining hours of classroom following Module One: Traffic Laws of the POI-DE, must be taught under one program, either parent-taught, a licensed driver education provider, or public driver education school.

(h) The additional thirty (30) hours of behind-the-wheel supervised practice must be completed in the presence of an adult who meets the requirements of Texas Transportation Code, §521.222(d)(2).

(i) A student may apply to the Department of Public Safety for a learner license after completion of the objectives found in Module One: Traffic Laws of the POI-DE.

(j) Behind-the-wheel parent-taught driver education instruction may be conducted in any vehicle that is legally operated with a Class C driver license [~~on a Texas highway~~].

(k) Behind-the-wheel parent-taught driver education instruction and supervised practice may begin after the student receives a learner license. The required curriculum that must be followed includes:

(1) a minimum of 44 hours that consists of: seven hours behind-the-wheel instruction in the presence of a parent or other individual authorized under §1001.112 of the Code;

(2) seven hours of in-car observation in the presence of a parent or other individual authorized under §1001.112 of the Code; and

(3) 30 hours of behind-the-wheel supervised practice, including at least 10 hours at night, certified by a parent or guardian who meets the requirements of Texas Transportation Code, §521.222(d)(2). The 30 hours of behind-the-wheel supervised practice must be endorsed by a parent or legal guardian if the student is a minor.

[(k) Behind-the-wheel driver education instruction may begin after the student receives a learner license. The required curriculum that must be followed includes: minimum of 44 hours that includes: seven hours behind the wheel supervised practice instruction in the presence of a parent or other individual authorized under §1001.112 of the Code; seven hours of in-car observation in the presence of a parent or other individual authorized under §1001.112 of the Code; and 30 hours of behind the wheel supervised practice, including at least 10 hours at night, in the presence of an adult who meets the requirements of Texas Transportation Code, §521.222(d)(2).]

§84.51.Submission of Parent-Taught Course for Department Approval.

(a) If the curriculum and all materials meet or exceed the applicable minimum standards set forth in the Code, the department will approve the course. No more than 640 minutes of the required hours of classroom instruction delivered via multimedia may be counted.

(b) Notification of approval or denial will be sent to the requesting entity. Deficiencies will be noted in cases of denial. Any substantive change in course curriculum or materials will require submission for approval according to subsection (a).

(c) A written request is required within thirty (30) days if there is any change relating to an approved course, including contact information, company name, and course titles. Updated information will be included as soon as practical.

(d) The department will retain submitted materials according to the department's retention schedule.

(e) Course identification. All parent-taught courses must display the parent-taught provider name and license number assigned by the department on the entity's website and the registration page used by the student to pay any monies, provide any personal information, and enroll.

(f) A parent-taught driver education provider may accept students redirected from a website if the student is redirected to a webpage that clearly identifies the parent-taught provider and license number offering the course. This information must be visible before and during the student registration and course payment processes.

§84.52.Revocation of Department Approval.

(a) A parent-taught driver education provider may be revoked upon finding that the course does not meet the standards required under §1001.112 or §1001.2043(a) of the Code.

(b) Prior to revocation, the department will allow the parent-taught driver education provider ninety (90) days from the date of notification the opportunity to correct the noted deficiencies in the curriculum.

(d) If a parent-taught driver education course is revoked by the department, the entity must wait thirty (30) days before applying for a new Parent Taught Driver Education Provider license.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 5, 2024.

TRD-202403592

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: September 15, 2024

For further information, please call: (512) 463-7750

16 TAC §84.51, §84.52

STATUTORY AUTHORITY

The proposed repeals are proposed under Texas Occupations Code, Chapter 51, and Texas Education Code, Chapter 1001, which authorize the Texas Commission of Licensing and Regulation, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the proposed repeals are those set forth in Texas Occupations Code, Chapter 51, and Texas Education Code, Chapter 1001. No other statutes, articles, or codes are affected by the proposed repeals.

The legislation that enacted the statutory authority under which the proposed repeals are proposed to be adopted is House Bill 1560, 87th Legislature, Regular Session (2021).

§84.51.Submission of Parent-Taught Course for Department Approval.

§84.52.Cancellation of Department Approval.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 5, 2024.

TRD-202403597

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: September 15, 2024

For further information, please call: (512) 463-7750

SUBCHAPTER E. PROVIDERS

16 TAC §84.60, §84.63

STATUTORY AUTHORITY

The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is House Bill 1560, 87th Legislature, Regular Session (2021).

§84.60.Driving Safety Provider License Requirements.

(a) Application for driving safety provider license. An application for a driving safety provider license must be made on forms prescribed by the department, and be accompanied by the appropriate fee. A license application is valid for one year from the date it is filed with the department.

(b) Bond requirements for providers. In the case of an original or a change of owner application, an original bond must be provided in the amount of $10,000. In the case of a renewal application, an original bond or a continuation agreement for the approved bond currently on file shall be submitted. The bond or the continuation agreement must be executed on the form prescribed by the department.

(c) Provider license. The provider license must indicate the name of the driving safety course for which approval is granted exactly as stated in the application for the course approval.

(d) Verification of ownership for driving safety provider. In the case of an original or change of owner application for a driving safety provider, the provider owner must provide verification of ownership.

(e) Purchase of driving safety provider. A person or persons purchasing a licensed driving safety provider must obtain an original license and bond. The contract or any instrument transferring the ownership of the driving safety provider must include the following statements:

(1) The purchaser must assume all refund liabilities incurred by the seller or any former owner before the transfer of ownership; and

(2) The purchaser must assume the liabilities, duties, and obligations under the enrollment contracts between the students and the seller, or any former owner.

(f) New location. The department must be notified in writing of any change of address of a driving safety provider or its registered agent at least fifteen (15) working days before the move. The appropriate fee and all documents must also be submitted.

(g) Renewal of driving safety provider license. A complete application for the renewal of a license for a driving safety provider must be submitted before the expiration of the license and must include the following:

(1) a completed application for renewal;

(2) an annual renewal fee; and

(3) an executed bond or executed continuation agreement for the bond currently on file with the department.

(h) Provider closure. A provider owner must notify the department of its closure date at least fifteen (15) working [~~business~~] days before the closure. A provider must make all records and all used and unused uniform certificates of course completion and course completion certificate numbers available for review by the department upon request.

§84.63.Uniform Certificate of Course Completion for Driving Safety Course.

(a) For purposes of this section, the term "certificate" refers to uniform certificates of course completion issued by the department to driving safety providers in paper format, and certificate numbers issued to driving safety providers for inclusion on department-approved driving safety course certificate completion forms.

(b) Driving safety provider responsibilities. Providers are responsible for original and duplicate certificates in accordance with this subsection. Each driving safety provider must:

(1) submit a plan for the electronic issuance of certificates for approval by the department prior to its implementation;

(2) issue certificates that comply with the design specifications approved by the department;

(3) develop and maintain a department-approved method for securing, issuing, and maintaining original and duplicate certificates that, to the greatest extent possible, prevents the unauthorized production or misuse of the certificates, and allows for the recovery of lost data (electronic or otherwise) for such certificates;

(4) issue certificates only to students who have successfully completed all elements of the provider's approved driving safety course;

(5) maintain secure files (electronic or otherwise) with data pertaining to all certificates purchased from the department, and must make available to the department, upon request, an ascending numerical accounting record of the numbered certificates issued;

(6) issue all original and duplicate certificates using first-class or enhanced postage, equivalent commercial delivery method, or a department-approved electronic issuance method;

(7) sequentially number original certificates from the block of numbers purchased from the department;

(8) use certificates only for the course for which the certificates were ordered from the department;

(9) implement and maintain methods for efficiently issuing original certificates so that issuance of duplicate certificates is kept at a minimal rate;

(10) report all unaccounted original and duplicate certificates or unissued certificates or duplicates to the department within 15 working [~~business~~] days of the discovery of the incident;

(11) conduct an investigation to determine the circumstances surrounding the unaccounted items noted in paragraph (10), and submit a report of the findings of the investigation, including preventative measures for recurrence, to the department within thirty (30) days of the discovery; and

(12) report original and duplicate certificate data, by secure electronic transmission, to the department within five (5) days of issuance using guidelines established and provided by the department. The issue date indicated on the certificate shall be the date the provider issues the certificate to the student.

(1) The provider's records, including unissued or unnumbered original and duplicate certificates, must be available for review by representatives of the department.

(2) A driver safety provider must not issue, transfer, or transmit an original or duplicate certificate bearing the serial number of a certificate or duplicate previously issued.

(3) Each unaccounted, missing, blank, or unissued original or duplicate certificate may be considered a separate violation. This may include a lost, stolen, or otherwise unaccounted original or duplicate certificate.

(4) When a duplicate certificate is issued by a provider, the duplicate certificate shall bear a serial number from the block of numbers purchased from the department by the provider. The duplicate certificate must clearly indicate the number of both the duplicate and the original serial number of the certificate being replaced.

(5) Any item on a duplicate certificate that has different data than that shown on the original certificate must clearly indicate both the original data and the replacement data; for example, a change in the date of course completion must show the correct date and "changed from XX," where "XX" is the date shown on the original certificate.

(6) If the student requests a duplicate certificate within thirty (30) days of the date of issue of the original certificate because the original was not received, unusable, or was issued with errors due to no fault of the student, the provider must issue the duplicate at no cost to the student. Driving safety providers must include this information in the student enrollment contract.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 5, 2024.

TRD-202403593

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: September 15, 2024

For further information, please call: (512) 463-7750

SUBCHAPTER G. GENERAL BUSINESS PRACTICES

16 TAC §84.80

STATUTORY AUTHORITY

The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is House Bill 1560, 87th Legislature, Regular Session (2021).

§84.80.Names and Advertising.

(a) A licensed driver training provider must not conduct business or advertise under a name that is not distinguishable from a name used by any other licensed driver training provider [~~provide~~], or tax-supported educational establishment in this state, unless specifically approved in writing by the department.

(b) Use of names other than the approved provider name may constitute a violation of this section.

(d) Any publicly posted advertisement from a license applicant subject to license approval by the department must include the following information:

(1) A notice stating "Driving School Coming Soon"; and

(2) Display a functioning phone number and email address for the provider within the advertisement.

(e) An applicant applying for approval of a new provider license must not:

(1) Enroll students or conduct classes in driver training prior to department approval of the license application;

(2) Accept payments from prospective students; or

(3) Publish advertisements including the provider name or upcoming class sessions.

(f) A driver training provider must not advertise without including the provider name and license number as it appears on the provider license.

(g) All advertisements of a multiple classroom location or alternative delivery method shall meet the requirements in subsections (a) - (f).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 5, 2024.

TRD-202403594

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: September 15, 2024

For further information, please call: (512) 463-7750

SUBCHAPTER M. CURRICULUM AND ALTERNATIVE METHODS OF INSTRUCTION

16 TAC §§84.500 - 84.502, 84.504

STATUTORY AUTHORITY

The legislation that enacted the statutory authority under which the proposed repeals are proposed to be adopted is House Bill 1560, 87th Legislature, Regular Session (2021).

§84.500.Courses of Instruction for Driver Education Providers.

§84.501.Driver Education Course Alternative Method of Instruction.

§84.502.Driving Safety Courses of Instruction.

§84.504.Driving Safety Course Alternative Delivery Method.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 5, 2024.

TRD-202403598

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: September 15, 2024

For further information, please call: (512) 463-7750

16 TAC §§84.500 - 84.505

STATUTORY AUTHORITY

The proposed rules are proposed under Texas Occupations Code, Chapter 51, and Texas Education Code, Chapter 1001, which authorize the Texas Commission of Licensing and Regulation, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is House Bill 1560, 87th Legislature, Regular Session (2021).

§84.500.Courses of Instruction for Driver Education Providers.

(a) The educational objectives of driver training courses must include, but not be limited to, promoting respect for and encouraging observance of traffic laws and traffic safety responsibilities of driver education and citizens; instruction on law enforcement procedures for traffic stops in accordance with provisions of the Community Safety Education Act; information relating to human trafficking prevention in accordance with the provisions of the Julia Wells Act (Senate Bill 1831, Section 3, 87th Regular Legislature (2021)); information relating to the Texas Driving with Disabilities Program (Senate Bill 2304, 88th Regular Legislature (2023)); litter prevention; anatomical gifts; safely operating a vehicle near oversize or overweight vehicles; the passing of certain vehicles as described in Transportation Code §545.157; the dangers and consequences of street racing; leaving children in vehicles unattended; distractions; motorcycle awareness; alcohol awareness and the effect of alcohol on the effective operation of a motor vehicle; recreational water safety; reducing traffic violations, injuries, deaths, and economic losses; the proper use of child passenger safety seat systems; and motivating development of traffic-related competencies through education, including, but not limited to, Texas traffic laws, risk management, driver attitudes, courtesy skills, and evasive driving techniques.

(b) This subsection contains requirements for driver education courses. All course content and instructional material must include current statistical data, references to law, driving procedures, and traffic safety methodology. For each course, curriculum documents and materials may be requested as part of the application for approval. For courses offered in a language other than English, the course materials must be accompanied by a written declaration affirming that the translation of the course materials is true and correct in the proposed language presented. Such course materials are subject to the approval of the department prior to its use by a driver education provider.

(1) Minor and adult driver education course.

(A) The driver education classroom phase for students age 14 and over must consist of:

(i) a minimum of 24 hours of classroom instruction in the presence of a person who holds a driver education instructor license or who meets the requirements for a driver education course conducted by a parent, legal guardian, or designated person;

(ii) seven (7) hours of behind-the-wheel instruction in the presence of a person who holds a driver education instructor license or who meets the requirements for a driver education course conducted by a parent, legal guardian, or designated person;

(iii) seven (7) hours of in-car observation instruction in the presence of a person who holds a driver education instructor license or who meets the requirements for a driver education course conducted by a parent, legal guardian, or designated person; and

(iv) 30 hours of behind-the-wheel supervised practice, including at least 10 hours of nighttime practice, in the presence of a person at least 21 years of age, has at least one year of driving experience, and holds a valid driver license. The 30 hours of behind-the-wheel supervised practice are to be certified by a parent, legal guardian, or designated person if the student is a minor. Simulation hours must not be substituted for the behind-the-wheel supervised practice. Behind-the-wheel supervised practice is limited to two hours per day.

(B) Providers are allowed five minutes of break per instructional hour for all phases. No more than ten minutes of break time may be accumulated for each two hours of instruction.

(C) Driver education course curriculum content, minimum instruction requirements, and administrative guidelines for classroom instruction, in-car instruction, simulation, and multicar range must include the educational objectives established by the department in the POI-DE and the requirements of this subchapter.

(D) Driver education providers that desire to instruct students age 14 and over in an in-person classroom program must provide the same beginning date for each student in the same class of 36 or less. No student must be allowed to enroll and start the classroom phase after the fifth hour of classroom instruction has begun.

(E) Students must receive classroom instruction from an instructor who is licensed by the department. An instructor must be in the classroom and available to students during the entire 24 hours of instruction, including self-study assignments. Instructors must not have other teaching assignments or administrative duties during the 24 hours of classroom instruction.

(F) Videos, tape recordings, guest speakers, and other instructional media that present concepts required in the POI-DE may be used as part of the required 24 hours of in-person classroom instruction. Such supplemental instruction must not exceed 720 minutes of total in-person classroom hours.

(G) Self-study assignments occurring during regularly scheduled class periods must not exceed 25 percent of the course and must be presented to the entire class simultaneously.

(H) Each classroom student must be provided a driver education textbook or access to instructional materials that are in compliance with the POI-DE approved for the school. Instructional materials, including textbooks, must be in a condition that are legible and free of obscenities.

(I) A copy of the current edition of the "Texas Driver Handbook" or equivalent study material must be made available to each student enrolled in the classroom phase of the driver education course.

(J) Each student, including makeup students, must be provided their own seat and table or desk while receiving classroom instruction. A provider must not enroll more than thirty-six (36) students, excluding makeup students, and the number of students may not exceed the number of seats and tables or desks available at the provider's location.

(K) When a student changes providers, the provider must follow the current transfer policy developed by the department.

(2) Driver Education Behind-the-Wheel and In-Car Instruction

(A) All behind-the-wheel instruction must include actual driving operation by the student. A provider must not permit a ratio of more than four students per instructor or exceed the seating and occupant restraint capacity of the vehicle used for instruction. Providers that allow one-on-one instruction must notify the parents in the contract.

(B) A student must have a valid driver's license or learner license in his or her possession during any behind-the-wheel instruction or supervised practice.

(C) All behind-the-wheel instruction and supervised practice extended by the provider must begin no earlier than 5:00 a.m. and end no later than 11:00 p.m.

(D) A provider may use multimedia systems, simulators, and multicar driving ranges for behind-the-wheel and observation instruction in a driver education program. Each simulator, including the filmed instructional programs, and each plan for a multicar driving range must meet state specification developed by DPS and the department. A licensed driver education instructor must be present during use of multimedia systems, simulators, and multicar driving ranges.

(E) Four periods of at least 55 minutes per hour of instruction in a simulator may be substituted for one hour of behind-the-wheel and observation instruction. Two periods of at least 55 minutes per hour of multicar driving range instruction may be substituted for one hour of behind-the-wheel and observation instruction relating to elementary or city driving lessons. However, a minimum of four hours must be devoted to actual behind-the-wheel and observation instruction.

(c) In a minor and adult driver education program, a student may apply to the DPS for a learner license after completing the objectives found in Module One: Traffic Laws of the POI-DE.

(d) The instructor must be physically present in appropriate proximity to the student for the type of instruction being given. A driver education instructor, or provider owner must sign or stamp all completed classroom instruction records.

(e) The driver education provider must make a reasonable effort to validate the identity of the student at the time of enrollment.

§84.501.Driver Education Course Alternative Method of Instruction.

(a) Approval process. The department may approve an endorsement for an alternative method whereby a driver education provider is approved to teach all or part of the classroom portion of a driver education course by an alternative method of instruction (AMI) that does not require students to be physically present in a classroom that meets the following requirements.

(1) Standards for approval. The department may approve a driver education provider to teach all or part of the classroom portion of a driver education course by an AMI that does not require students to be present in a classroom only if:

(A) the AMI includes testing and security measures that the department determines are adequately secure to ensure course content and personal validation;

(B) the course satisfies any other requirement applicable to a course in which the classroom portion is taught to students in the usual classroom setting;

(D) the AMI instructional activities are integral to the academic program; and

(E) adequate communication between a student and instructor and among students is emphasized.

(2) Application. The provider must submit a completed AMI application along with the appropriate fee. The application for AMI approval must be treated the same as an application for the approval of a driver education traditional course, and the AMI must deliver the curriculum as aligned with the POI-DE.

(3) Provider license required. A person or entity offering a classroom driver education course to Texas students by an AMI must hold a driver education provider license. The driver education provider is responsible for the operation of the AMI.

(b) Course content. The AMI must deliver the same topics, instruction requirements, and course content as required by the department in the POI-DE.

(1) Editing. The material presented in the AMI must be edited for grammar, punctuation, and spelling and be of such quality that it does not detract from the subject matter.

(2) Irrelevant material. Advertisement of goods and services must not appear during the actual instructional times of the course. Distracting material that is not related to the topic being presented must not appear during the actual instructional times of the course.

(3) Student breaks. The AMI is allowed five minutes of break per instructional hour for all phases, for a total of 120 minutes of break time. No more than ten minutes of break time may be accumulated for each two hours of instruction.

(4) Minimum content. The AMI shall present sufficient instructional content so that it would take a student a minimum of 24 hours (1,440 minutes) to complete the course. A course that demonstrates that it contains 1,320 minutes of instructional content shall mandate that students take 120 minutes of break time or provide additional educational content for a total of 1,440 minutes (24 hours). In order to demonstrate that the AMI contains sufficient content, the AMI must use the following methods.

(A) Word count. For written material that is read by the student, the total number of words in the written sections of the course must be divided by 180. The result is the time associated with the written material for the sections.

(B) Multimedia presentations. There shall be a minimum of 90 minutes of multimedia presentation. The provider owner must calculate the total amount of time it takes for all multimedia presentations to play, not to exceed 720 minutes.

(D) Time Allotment for Questions. The provider owner may allocate up to 90 seconds for questions presented over the Internet and 90 seconds for questions presented by telephone.

(E) Total time calculation. If the sum of the time associated with the written course material, the total amount of time for all multimedia presentations, and the time allotted for all charts, graphs, questions, and breaks equals or exceeds the minimum 1,440 minutes, the AMI has demonstrated the required amount of content.

(F) Alternate time calculation method. In lieu of the time calculation method, the AMI may submit alternate methodology to demonstrate that the AMI meets the minimum 24-hour requirement.

(5) Academic integrity. The academic integrity of the AMI for a classroom driver education course must include:

(A) goals and objectives that are measurable and clearly state what the participants should know or be able to do at the end of the course;

(B) a clear, complete driver education classroom course overview and syllabus;

(D) if online, clearly stated academic integrity and Internet etiquette expectations regarding lesson activities, discussions, e-mail communications, and plagiarism.

(6) Instructional design. Instructional design of AMI for classroom driver education must:

(A) ensure each lesson includes a lesson overview, objectives, resources, content and activities, assignments, and assessments to provide multiple learning opportunities for students to master the content;

(B) include instruction that provides opportunities for students to engage in higher-order thinking, critical-reasoning activities, and thinking in increasingly complex ways;

(C) include a statement that notifies the student of the provider owner's security and privacy policy regarding student data, including personal and financial data; and

(D) include assessment and assignment answers.

(c) Personal validation. The AMI must maintain a method to validate the identity of the person taking the course. The personal validation system must incorporate one of the following requirements.

(1) Provider-initiated method. The AMI may use a method that includes testing and security measures that are at least as secure as the methods available in the in-person classroom.

(A) Time to respond. The student must correctly answer the personal validation question within 90 seconds for questions presented over the Internet and 90 seconds for questions presented by telephone.

(B) Placement of questions. At least one personal validation question must appear in each major unit or section, not including the final examination.

(C) Exclusion from the course. The AMI must exclude the student from the course after the student has incorrectly answered more than 30 percent of the personal validation questions.

(D) Correction of answer. The provider may correct an answer to a personal validation question for a student who inadvertently missed a personal validation question. In such a case, the student record must include a record of both answers and an explanation of the reasons why the answer was corrected.

(2) Third party data method. The online course must ask a minimum of 60 personal validation questions randomly throughout the course from a bank of at least 200 questions drawn from a third party data source.

(B) Placement of questions. At least one personal validation question must appear in each major unit or section, not including the final examination.

(C) Exclusion from the course. The AMI must exclude the student from the course after the student has incorrectly answered more than 30 percent of the personal validation questions.

(3) Multifactor authentication method. The AMI may use a multifactor or two-factor authentication for personal validation.

(d) Content validation. The AMI must incorporate a course content validation process that verifies student participation and comprehension of course material, including the following.

(1) Timers. The AMI may include built-in timers to ensure that 1,440 minutes of instruction have been attended and completed by the student.

(2) Testing the student's participation in multimedia presentations. The AMI must ask at least one course validation question following each multimedia clip of more than 180 seconds.

(A) Test bank. For each multimedia presentation that exceeds 180 seconds, the AMI must have a test bank of at least four questions.

(B) Question difficulty. The question must be short answer, multiple choice, essay, or a combination of these forms. The question must be difficult enough that the answer may not be easily determined without having viewed the actual multimedia clip.

(C) Failure criteria. If the student fails to answer the question correctly, the AMI must either require the student to view the multimedia clip again or the AMI fails the student from the course. If the AMI requires the student to view the multimedia clip again, the AMI must present a different question from its test bank for that multimedia clip. The AMI may not repeat a question until it has asked all the questions from its test bank.

(D) Answer identification. The AMI must not identify the correct answer to the multimedia question.

(3) Mastery of course content. The AMI must test the student's mastery of the course content by asking questions from each of the modules listed in the program of organized instruction for driver education and traffic safety.

(A) Test bank. The test bank for course content mastery questions must include at least:

(i) 20 questions each from Module One listed in the POI-DE; and

(ii) 10 questions each from the remaining modules.

(B) Placement of questions. The mastery of course content questions must be asked at the end of each module.

(C) Question difficulty. Course content mastery questions must be of such difficulty that the answer may not be easily determined without having participated in the actual instruction.

(4) Repeat and retest options. The AMI may use the following options for students who fail an examination to show mastery of course content.

(A) Repeat the failed module. If the student misses more than 30 percent of the questions asked on a module examination, the AMI must require that the student take the module again. The correct answer to missed questions may not be disclosed to the student (except as part of course content). At the end of the module, the AMI must again test the student's mastery of the material. The AMI must present different questions from its test bank until all the applicable questions have been asked. The student may repeat this procedure an unlimited number of times.

(B) Retest the final examination. If the student misses more than 30 percent of the questions asked on the final examination, the AMI must retest the student in the same manner as the failed examination, using different questions from its test bank. If the student fails the same unit examination or the comprehensive final examination three times, the student fails the course.

(e) Student records. The AMI must provide for the creation and maintenance of the records documenting student enrollment, the verification of the student's identity, and the testing of the student's mastery of the course material. The provider must ensure that the student record is readily, securely, and reliably available for inspection by a department-authorized representative. The student records must contain all information required in §84.81 (relating to Recordkeeping Requirements) and the following information.

(1) A record of all questions asked and the student's responses.

(2) The name or identity number of the staff member entering comments or revalidating the student.

(3) The name or identity number of the staff member retesting the student.

(4) If any answer to a question is changed by the provider for a student who inadvertently missed a question, the provider must provide both answers and a reasonable explanation for the change.

(5) A record of the time the student spent in each unit of the AMI and the total instructional time the student spent in the course.

(f) Additional requirements for AMI courses. Courses delivered via the Internet or technology must also comply with the following requirements.

(1) Course identification. All AMI courses must display the driver education provider name and license number assigned by the department on the entity's website and the registration page used by the student to pay any monies, provide any personal information, and enroll.

(2) A driver education provider offering an AMI course may accept students redirected from another website if the student is redirected to the webpage that clearly identifies the name and license number of the provider offering the AMI course. This information must be visible before and during the student registration and course payment processes.

(g) Additional requirements for video courses.

(1) Delivery of the material. For AMIs delivered using 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 the department.

(2) Video requirement. The video course must include no more than 720 minutes of multimedia 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 1,440 minutes of required instruction must be video material that is relevant to required course instruction content.

(A) A video AMI must ask, at a minimum, at least one course validation question for each multimedia clip of more than 180 seconds.

(B) A video AMI must devise and submit for approval a method for ensuring that a student correctly answers questions concerning the multimedia clips of more than 180 seconds.

(h) Standards for AMIs using new technology. For AMIs delivered using technologies that have not been previously reviewed and approved by the department, the department may apply similar standards as appropriate and may also require additional standards. These standards must 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 usual classroom setting.

(i) Modifications to the AMI. The licensed provider for the approved course on which the AMI is based must ensure that any modification to the AMI is consistent with applicable law, department rules and the POI-DE.

(j) Termination of the provider's operation. Upon termination, providers must deliver any missing student data to the department within five days of termination.

(k) Access to instructor and technical assistance. The provider must establish hours that the student may access an instructor trained in the classroom portion of the curriculum, and for technical assistance. Except for circumstances beyond the control of the provider, the student must have access to the instructor and technical assistance during the specified hours.

(l) Enrollment guidelines. The AMI for driver education classroom that desires to instruct students age 14 and over must provide the same beginning date for each student in the same class of 36 or less. No student shall be allowed to enroll and start the classroom phase after the fifth hour of classroom instruction has been completed.

§84.502.In-Person Driver Education Course Exclusively for Adults.

(a) Driver education course exclusively for adults. Courses offered in an in-person classroom facility to persons who are age 18 to under 25 years of age for the education and examination requirements for the issuance of a driver's license under Texas Transportation Code, §521.222 and §521.1601, must be offered in accordance with the following:

(1) In-person approval process. The department may approve an endorsement for a driver education course exclusively for adults to be offered in-person if the course meets the following requirements.

(A) Application. The driver education provider must submit a completed application along with the appropriate fee;

(B) Instructor license required. Students must receive classroom instruction from a licensed driver education instructor; and

(C) Minimum course content. The driver education course exclusively for adults must consist of six clock hours of classroom instruction that meets the minimum course content and instruction requirements contained in the POI-Adult Six-Hour.

(2) Course management. An approved adult driver education course must be presented in compliance with the following:

(A) The instructor must be physically present in appropriate proximity to the student for the type of instruction being given. A licensed driver education instructor, or provider owner must sign or stamp all completed classroom instruction records.

(B) A copy of the current edition of the "Texas Driver Handbook" or equivalent study material must be made available to each student enrolled in the course.

(C) Self-study assignments, videos, tape recordings, guest speakers, and other instructional media that present topics required in the course must not exceed 150 minutes of instruction.

(D) Each student, including makeup students, must be provided their own seat and table or desk while receiving classroom instruction. A provider must not enroll more than 36 students, excluding makeup students, and the number of students may not exceed the number of seats and tables or desks available at the provider's location.

(E) A minimum of 330 minutes of instruction is required.

(F) The total length of the course must consist of a minimum of 360 minutes.

(G) Thirty minutes of time, exclusive of the 330 minutes of instruction, must be dedicated to break periods or to the topics included in the minimum course content.

(b) Students must not receive a driver education certificate of completion unless that student receives a grade of at least 70 percent on the highway signs examination and at least 70 percent on the traffic laws examination as required under Texas Transportation Code §521.161.

(c) The driver education provider must make a reasonable effort to validate the identity of the student at the time of enrollment.

§84.503.Online Driver Education Course Exclusively for Adults.

(a) Online approval process. The department may approve an endorsement for an online driver education course exclusively for adults to be offered if the course meets the following requirements.

(1) Application. The applicant for an online driver education provider license must submit a completed application along with the appropriate fee.

(2) Online Provider license required. A person or entity offering an online driver education course exclusively for adults must hold an online driver education provider license.

(3) The online driver education provider must be responsible for the operation of the online course.

(4) Students must receive classroom instruction from a licensed driver education instructor.

(b) Course content. The online course must meet the requirements of the course identified in §1001.1015 of the Code and as described in the POI-Adult Six-Hour.

(1) Length of course. The course must be six hours in length, which is equal to 360 minutes. A minimum of 330 minutes of instruction must be provided. Thirty minutes of time, exclusive of the 330 minutes of instruction, must be dedicated to break periods or to the topics included in the minimum course content. All break periods must be provided after instruction has begun and before the comprehensive examination and summation.

(2) Required material. A copy of the current edition of the "Texas Driver Handbook" or equivalent study material must be made available to each student enrolled in the course.

(3) Editing. The material presented in the online course must be edited for grammar, punctuation, and spelling and be of such quality that it does not detract from the subject matter.

(4) Irrelevant material. Advertisement of goods and services, and distracting material not related to driver education must not appear during the actual instructional times of the course.

(5) Minimum content. The online course must present sufficient content so that it would take a student 360 minutes to complete the course. To demonstrate that the online course contains sufficient minutes of instruction, the online course must use the following methods.

(A) Word count. For written material that is read by the student, the course must contain the total number of words in the written sections of the course. This word count must be divided by 180, the average number of words that a typical student reads per minute. The result is the time associated with the written material for the sections.

(B) Multimedia presentations. For multimedia presentation, the online course must calculate the total amount of time it takes for all multimedia presentations to play, not to exceed 150 minutes.

(D) Time allotment for questions. The online course may allocate up to 90 seconds for questions presented over the Internet and 90 seconds for questions presented by telephone.

(E) Total time calculation. If the sum of the time associated with the written course material, the total amount of time for all multimedia presentations, and the time associated with all charts and graphs equals or exceeds 330 minutes, the online course has demonstrated the required amount of minimum content.

(F) Alternate time calculation method. In lieu of the time calculation method, the online course may submit alternate methodology to demonstrate that the online course meets the 330-minute requirement.

(c) Personal validation. The online course must maintain a method to validate the identity of the person taking the course. The personal validation system must incorporate at least one of the following requirements.

(1) Provider-initiated method. Upon approval by the department, the online course may use a method that includes testing and security measures that validate the identity of the person taking the course. The method must meet the following criteria.

(A) Time to respond. The student must correctly answer a personal validation question within 90 seconds.

(B) Placement of questions. At least two personal validation questions must appear randomly during each instructional hour, not including the final examination.

(C) Exclusion from the course. The online course must exclude the student from the course after the student has incorrectly answered more than 30 percent of the personal validation questions.

(D) Correction of answer. The online course may correct an answer to a personal validation question for a student who inadvertently missed a personal validation question. In such a case, the student record must include a record of both answers and an explanation of the reasons why the answer was corrected.

(2) Third party data method. The online course must ask a minimum of twelve (12) personal validation questions randomly throughout the course from a bank of at least twenty (20) questions drawn from a third party data source. The method must meet the following criteria.

(A) Time to respond. The student must correctly answer a personal validation question within 90 seconds.

(B) Placement of questions. At least two personal validation questions must appear randomly during each instructional hour, not including the final examination.

(C) Exclusion from the course. The online course must exclude the student from the course after the student has incorrectly answered more than 30 percent of the personal validation questions.

(3) Multifactor authentication method. The online course may use a multifactor or two-factor authentication for personal validation.

(d) Content validation. The online course must incorporate a course content validation process that verifies student participation and comprehension of course material, including the following.

(1) Timers. The online course may include built-in timers to ensure that 330 minutes of instruction have been attended and completed by the student.

(2) Testing the student's participation in multimedia presentations. The online course must ask at least one course validation question following each multimedia clip of more than 180 seconds.

(A) Test bank. For each multimedia presentation that exceeds 180 seconds, the online course must have a test bank of at least four questions.

(B) Question difficulty. The question shall be short answer, multiple choice, essay, or a combination of these forms. The question must be difficult enough that the answer may not be easily determined without having viewed the actual multimedia clip.

(C) Failure criteria. If the student fails to answer the question correctly, the online course must require the student to view the multimedia clip again. The online course must then present a different question from its test bank for that multimedia clip. The online course may not repeat a question until it has asked all the questions from its test bank.

(D) Answer identification. The online course must not identify the correct answer to the multimedia question.

(3) Course participation questions. The online course must test the student's course participation by asking at least two questions each from Topics Two through Eight of Chapter Four in the POI-Adult Six Hour.

(A) Test bank. The test bank for course participation questions must include at least ten questions each from Topics Two through Eight of Chapter Four in the POI-Adult Six-Hour.

(B) Placement of questions. The course participation questions must be asked at the end of the major unit or the section in which the topic is covered.

(C) Question difficulty. Course participation questions must be of such difficulty that the answer may not be easily determined without having participated in the actual instruction.

(4) Comprehension of course content. The online course must test the student's mastery of the course content by administering at least 30 questions covering the highway signs and traffic laws required under Texas Transportation Code, §521.161.

(A) Test banks (two). Separate test banks for course content mastery questions are required for the highway signs and traffic laws examination as required under Texas Transportation Code, §521.161, with examination questions drawn equally from each.

(B) Placement of questions. The mastery of course content questions must be asked at the end of the course (comprehensive final examination).

(C) Question difficulty. Course content mastery questions must be of such difficulty that the answer may not be easily determined without having participated in the actual instruction.

(D) Retest the student. If the student misses more than 30 percent of the questions asked on an examination, the online course must retest the student using different questions from its test bank. The student is not required to repeat the course, but may be allowed to review the course prior to retaking the examination. If the student fails the comprehensive final examination three times, the student fails the course.

(e) Student records. The online course must provide for the creation and maintenance of the records documenting student enrollment, the verification of the student's identity, and the testing of the student's mastery of the course material. The provider must ensure that the student record is readily, securely, and reliably available for inspection by a department representative. The student records must contain all information required in §84.81 (relating to Recordkeeping Requirements) and contain the following information:

(1) a record of all questions asked and the student's responses;

(2) the name or identity number of the staff member entering comments, retesting, or revalidating the student;

(3) both answers and a reasonable explanation for the change if any answer to a question is changed by the provider for a student who inadvertently missed a question; and

(4) a record of the time the student spent in each unit and the total instructional time the student spent in the course.

(f) Waiver of certain education and examination requirements. A licensed driver education instructor must determine that the student has successfully completed and passed a driver education course exclusively for adults prior to waiving the examination requirements of the highway sign and traffic law parts of the examination required under Texas Transportation Code, §521.167, and signing the ADE-1317 driver education completion certificate.

(g) Age requirement. A person must be at least 18 years of age to enroll in a driver education course exclusively for adults.

(h) Issuance of certificate. Not later than the 15th working day after the course completion date, the provider must issue an ADE-1317 driver education certificate only to a person who successfully completes an approved online driver education course exclusively for adults.

(i) Access to instructor and technical assistance. The provider must establish hours that the student may access an instructor trained in the adult driver education curriculum, and for technical assistance. Except for circumstances beyond the control of the provider, the student must have access to the instructor and technical assistance during the specified hours.

(j) Additional requirements for online courses. Courses delivered via the Internet or technology must also comply with the following requirements.

(1) Re-entry into the course. An online course may allow the student re-entry into the course by username and password authentication or other means that are as secure as username and password authentication.

(2) Navigation. The student must be provided orientation training to ensure easy and logical navigation through the course. The student must be allowed to freely browse previously completed material.

(3) Audio-visual standards. The video and audio must be clear and, when applicable, the video and audio must be synchronized.

(4) Course identification. All online courses must display the driver education provider name and license number assigned by the department on the entity's website and the registration page used by the student to pay any monies, provide any personal information, and enroll.

(5) Domain names. Each provider offering an online course must offer that online course from a single domain.

(6) A driver education provider offering an online course may accept students redirected from a website if the student is redirected to the webpage that clearly identifies the name and license number of the provider offering the online course. This information must be visible before and during the student registration and course payment processes.

(7) Compliance with Texas Transportation Code, §521.1601. Persons age 18 to under 25 years of age must successfully complete either a minor and adult driver education course or the driver education course exclusively for adults. Partial completion of either course does not satisfy the requirements of rule or law.

(8) Issuance of certificate. A licensed provider or instructor may not issue an ADE-1317 adult driver education certificate to a person who is not at least 18 years of age.

§84.504.Driving Safety Courses of Instruction.

This section contains requirements for traditional classroom driving safety courses. For each course, the following curriculum documents and materials are required to be submitted as part of the application for approval. Courses of instruction must not be approved that contain language that a reasonable and prudent individual would consider inappropriate. Any changes and updates to a course must be submitted by the driving safety provider and approved prior to being offered.

(1) Driving safety courses.

(A) Educational objectives. The educational objectives of driving safety courses must include, but not be limited to, promoting respect for and encouraging observance of traffic laws and traffic safety responsibilities of drivers and citizens; information relating to human trafficking prevention in accordance with the provisions of the Julia Wells Act (Senate Bill 1831, Section 3, 87th Regular Legislature (2021)); information relating to the Texas Driving with Disabilities Program (Senate Bill 2304, 88th Regular Legislature (2023)); implementation of law enforcement procedures for traffic stops in accordance with the provisions of the Community Safety Education Act; the proper use of child passenger safety seat systems; safely operating a vehicle near oversize or overweight vehicles; the passing of certain vehicles as described in Transportation Code §545.157; the dangers and consequences of street racing; 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. For courses offered in languages other than English, the driving safety provider must affirm that the translation of the course materials is true and correct in the proposed language presented. Such materials are subject to review by the department. Each driving safety course must include the following:

(i) a statement of the course's traffic safety goal;

(ii) a statement of policies related to techniques of instruction, standards, and performance;

(iii) a statement of policies related to student progress, attendance, makeup, and conduct. The policies must be used by each driving safety provider and include the following requirements:

(I) appropriate standards to ascertain the attendance and identity of students. All driving safety providers must use appropriate standards for documenting attendance;

(II) 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;

(III) any period of absence for any portion of instruction will require that the student complete that portion of instruction in a manner determined by the driving safety provider; and

(IV) conditions for dismissal and conditions for re-entry 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 audio/video materials relevant to the required topics; however, the audio/video materials must not be used in excess of 165 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 to be provided for use by each student as a guide to the course;

(vii) instructional activities and resources to be used to present the material (lecture, films, other media, small-group discussions, workbook materials, written and oral discussion questions, etc.). When small-group discussions are planned, the course content guide must identify the questions that will be assigned to the groups;

(viii) techniques for evaluating the comprehension level of the students; and

(ix) a completed form cross-referencing the instructional units to the topics identified in Chapter Four of the COI-Driving Safety. A form to cross-reference the instructional units to the required topics and topics unique to the course will be provided by the department upon request.

(C) Course and time management. Approved driving safety courses must be presented in compliance with the following guidelines and must include statistical information drawn from data maintained by the Texas Department of Transportation or National Highway Traffic Safety Administration.

(i) A minimum of 300 minutes of instruction is required.

(ii) The total length of the course must consist of a minimum of 360 minutes.

(iii) Sixty (60) minutes of time, exclusive of the 300 minutes of instruction, must be dedicated to break periods or to the topics included in the minimum course content. All break periods must be provided after instruction has begun and before the comprehensive examination and summation.

(iv) Administrative procedures such as enrollment must not be included in the 300 minutes of the course.

(v) Courses conducted in a single day in an in-person classroom must allow a minimum of 30 minutes for lunch.

(vi) Courses taught over a period longer than one day must provide breaks on a schedule equitable to those prescribed for one-day courses. However, all breaks must be provided after the course introduction and prior to the last unit of the instructional day or the comprehensive examination and summation, whichever is appropriate.

(vii) The order of topics must be approved by the department as part of the course approval, and for each student, the course must be taught in the order identified in the approved application.

(viii) Students must not receive a uniform certificate of course completion unless that student receives a grade of at least 70 percent on the final examination.

(ix) In an in-person classroom, there must be sufficient seating for the number of students, arranged so that all students are able to view, hear, and comprehend all instructional aids and the class must have no more than 50 students.

(x) The driving safety provider must make a reasonable effort to validate the identity of the student at the time of enrollment.

(D) Minimum course content. Driving Safety course content, including video and multimedia, must include current statistical data, references to law, driving procedures, and traffic safety methodology, as shown in the COI-Driving Safety, to assure student mastery of the subject matter.

(E) 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. The comprehensive examination for each driving safety course must include at least two questions from the required units set forth in Chapter Four, Topics Two through Twelve of the COI-Driving Safety, for a total of at least 20 questions. The final examination questions shall be of such difficulty that the answer may not easily be determined without completing the actual instruction. Provider-designated persons who offer or provide instruction must not assist students in answering the final examination questions but may facilitate alternative testing. Students must not be given credit for the driving safety course unless they score 70 percent or more on the final test. The provider must 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 percent on the final examination. The provider may choose not to provide alternative testing techniques; however, students shall be advised whether the course provides alternative testing prior to enrollment in the course. Test questions may be short answer, multiple choice, essay, or a combination of these forms.

(F) The course owner shall update all the course content methodology, procedures, statistical data, and references to law with the latest available data.

(G) The department may alter the due date of the renewal documents by giving the approved course six months' notice. The department may alter the due date to ensure that the course is updated six months after the effective date of new state laws passed by the Texas Legislature.

(H) If, upon review and consideration of an original, renewal, or amended application for course approval, the department determines that the applicant does not meet the legal requirements, the department shall notify the applicant, setting forth the reasons for denial in writing.

(2) The department may revoke approval of any course given to a provider under any of the following circumstances:

(A) Any information contained in the application for the course approval is found to be untrue;

(B) The school has failed to maintain the courses of study on which previous approval was issued;

(D) The course has been found to be ineffective in meeting the educational objectives set forth in subsection (a)(1)(A).

§84.505.Driving Safety Course Alternative Delivery Method.

(a) The driving safety provider may offer a course by alternative delivery method (ADM) that meets the following requirements:

(1) Standards for acceptance. The department may accept an ADM offered by a driving safety provider for an approved driving safety course if the ADM delivers a course in a manner that is at least as secure as an in-person classroom. ADMs that meet the requirements outlined in subsections (b) - (h), shall receive ADM acceptance.

(2) The ADM must deliver the driving safety provider's curriculum as delineated in the course content guide required by §84.504 (relating to Driving Safety Courses of Instruction), and the COI-Driving Safety.

(3) Provider license required. A person or entity offering a driving safety course to Texas students by an alternative delivery method must hold a driving safety provider license. The driving safety provider is responsible for the operation of the ADM.

(b) Course content. The ADM must deliver the same topics, instruction requirements, and course content as the approved driving safety course established by the department in the COI-Driving Safety.

(1) Course topics. The time requirements for each unit and the course described in §84.504(a)(1)(C) and (D) must be met.

(2) Editing. The material presented in the ADM must be edited for grammar, punctuation, and spelling and be of such quality that it does not detract from the subject matter.

(3) Irrelevant material. Advertisement of goods and services must not appear during the actual instructional times of the course. Distracting material that is not related to the topic being presented must not appear during the actual instructional times of the course.

(4) Minimum content. The ADM must present sufficient content so that it would take a student 300 minutes to complete the course. To demonstrate that the ADM contains sufficient content, the ADM must use the following methods.

(A) Word count. For written material that is read by the student, the driving safety provider must count the total number of words in the written sections of the course. This word count must be divided by 180, the average number of words that a typical student reads per minute. The result is the time associated with the written material for the sections.

(B) Multimedia presentations. For multimedia presentation, the driving safety provider must calculate the total amount of time it takes for all multimedia presentations to play.

(D) Examinations. The provider may allocate up to 90 seconds for questions presented over the Internet and 90 seconds for questions presented by telephone.

(E) Total time calculation. If the sum of the time associated with the written course material, the total amount of time for all multimedia presentations, and the time associated with all charts and graphs equals or exceeds 300 minutes, the ADM has demonstrated the required amount of content.

(F) Alternate time calculation method. In lieu of the time calculation method, the driving safety provider may submit alternate methodology to demonstrate that the ADM meets the 300-minute requirement.

(5) Student breaks. A course that demonstrates that it contains 300 minutes of instructional content must mandate that students take 60 minutes of break time or provide additional educational content for a total of 360 minutes.

(c) Personal validation. The driving safety provider must ensure the ADM maintain a system to validate the identity of the person taking the course. The personal validation system must incorporate one of the following requirements.

(1) Provider-initiated method. The ADM may use a method that includes testing and security measures that are at least as secure as the methods available in the in-person classroom.

(A) Time to respond. The student must correctly answer the personal validation question within 90 seconds.

(B) Placement of questions. At least one personal validation question must appear in each major unit or section, not including the final examination.

(C) Exclusion from the course. The ADM must exclude the student from the course after the student has incorrectly answered more than 30 percent of the personal validation questions.

(2) Third party data method. The online course must ask a minimum of 10 personal validation questions randomly throughout the course drawn equally from at least two different databases.

(A) Time to respond. The student must correctly answer the personal validation question within 90 seconds.

(B) Placement of questions. At least one personal validation question must appear in each major unit or section, not including the final examination.

(C) Exclusion from the course. The ADM must exclude the student from the course after the student has incorrectly answered more than 30 percent of the personal validation questions.

(E) Student affidavits. A student for whom third-party database information is available from fewer than two databases (for example, a student with an out-of-state driver's license) may be issued a uniform certificate of completion upon presentation to the driving safety provider of a notarized copy of the student's driver's license or equivalent type of photo identification and a statement from the student certifying that the individual attended and successfully completed the six-hour driving safety course for which the certificate is being issued and there exists a corresponding student record.

(3) Multifactor authentication method. The AMD may use a multifactor or two-factor authentication for personal validation.

(d) Alternative methods. The driving safety provider may employ an ADM that uses alternate methods that are at least as secure as one of the methods listed above.

(e) Content validation. The driving safety provider must ensure the ADM incorporate a course content validation process that verifies student participation and comprehension of course material, including the following.

(1) Timers. The ADM must include built-in timers to ensure that 300 minutes of instruction have been attended and completed by the student.

(2) Testing the student's participation in multimedia presentations. The ADM must ask at least one course validation question following each multimedia clip of more than 180 seconds.

(A) Test bank. For each multimedia presentation that exceeds 180 seconds, the ADM must have a test bank of at least four questions.

(B) Question difficulty. Each question must be short answer, multiple choice, essay, or a combination of these forms. The questions must be difficult enough that the answer may not be easily determined without having viewed the actual multimedia clip.

(C) Failure criteria. If the student fails to answer the question correctly, the ADM shall either require the student view the multimedia clip again or the ADM must fail the student from the course. If the ADM requires the student to view the multimedia clip again, the ADM must present a different question from its test bank for that multimedia clip. The ADM may not repeat a question until it has asked all the questions from its test bank.

(D) Answer identification. The ADM must not identify the correct answer to the multimedia question.

(3) Mastery of course content. The ADM must allow for testing of the student's mastery of the course content by asking at least two questions from each of the topics listed in Chapter Four, Topics Two through Twelve of the COI-Driving Safety.

(A) Test bank. The test bank for course content mastery questions must include at least ten questions from each of the topics identified in Chapter Four, Topics Two through Twelve of the COI-Driving Safety.

(B) Placement of questions. The mastery of course content questions must be asked either at the end of the major unit or section in which the topic identified in Chapter Four, Topics Two through Twelve of the COI-Driving Safety, (unit examination) or at the end of the course (comprehensive final examination).

(C) Question difficulty. Course content mastery questions must be short answer, multiple choice, essay, or a combination of these forms, and of such difficulty that the answer may not be easily determined without having participated in the actual instruction.

(4) Repeat and retest options. The ADM may use either of the following options for students who fail an examination to show mastery of course content, but may not use both in the same ADM.

(A) Repeat the failed unit. If the student misses more than 30 percent of the questions asked on an examination, the ADM must require that the student take the unit again. All timers must be reset. The correct answer to missed questions may not be disclosed to the student (except as part of course content). At the end of the unit, the ADM must again test the student's mastery of the material. The ADM must present different questions from its test bank until all the applicable questions have been asked. The student may repeat this procedure an unlimited number of times.

(B) Retest the student. If the student misses more than 30 percent of the questions asked on an examination, the ADM must retest the student in the same manner as the failed examination, using different questions from its test bank. The student is not required to repeat the failed unit but may be allowed to do so prior to retaking the examination. If the student fails the same unit examination or the comprehensive final examination three times, the student fails the course.

(f) Student records. The ADM must provide for the creation and maintenance of the records documenting student enrollment, the verification of the student's identity, and the testing of the student's mastery of the course material. Each entry that verifies enrollment, identifies the question asked or the response given, documents retesting and/or revalidation, and documents any changes to the student's record must include the date and time of the activity reported. The student records must contain the following information.

(1) The student's name and driver's license number.

(2) A record of which personal validation questions were asked and the student's responses.

(3) A record of which multimedia participation questions were asked and the student's responses.

(4) The name or identity number of the staff member entering comments, retesting, or revalidating the student.

(5) If any answer to a question is changed by the driving safety provider for a student who inadvertently missed a question, the provider must provide both answers and a reasonable explanation for the change.

(6) A record of the course content mastery questions asked and the answers given.

(7) A record of the time the student spent in each unit of the ADM and the total instructional time the student spent in the course.

(8) The provider must also ensure that the student record is readily, securely, and reliably available for inspection by the department.

(g) Additional requirements for ADM courses. Courses delivered via the Internet must also comply with the following requirements.

(1) Course identification. All ADM courses must display the driving safety provider name and license number assigned by the department on the entity's website and the registration page used by the student to pay any monies, provide any personal information, and enroll.

(2) A driving safety provider offering a driving safety course through ADM may accept students redirected from another website if the student is redirected to the webpage that clearly identifies the names and license numbers of the provider offering the ADM. This information must be visible before and during the student registration and course payment processes.

(3) Domain names. Each provider offering a driving safety course through ADM must offer that ADM from a single domain.

(h) Additional requirements for video courses.

(1) Delivery of the material. For ADMs delivered using videotape, digital video disc (DVD), film, or similar media, the equipment and course materials may only be made available through a department approved process.

(2) Video requirement. In order to meet the video requirement of §84.504(a)(1)(B)(v), the video course must include between 60 and 150 minutes of multimedia 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 must be video material that is relevant to the required topics and produced specifically for the ADM.

(A) A video ADM must ask at least one course validation question for each multimedia clip of more than 180 seconds at the end of each major segment (chapter) of the ADM.

(B) A video ADM must devise and submit for approval a method for ensuring that a student correctly answers questions concerning multimedia clips consisting of more than 60 seconds in length presented during the ADM.

(i) Standards for ADMs using new technology. For ADMs delivered using technologies that have not been previously reviewed and approved by the department, the department may apply similar standards as appropriate and may also require additional standards. These standards must 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.

(j) Modifications to the ADM. A change to a previously approved ADM may be made without the prior approval of the department. The driving safety provider must notify the department of the modification not later than 30 days after its occurrence.

(k) Termination of the driving safety provider's operation. Upon termination, a driving safety provider must deliver any missing student data to the department within five days of termination.

(l) Access to the driving safety provider for technical assistance. The driving safety provider must establish hours that the student may obtain technical assistance. Except for circumstances beyond the control of the provider, the student must have access to the provider and technical assistance during the specified hours.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 5, 2024.

TRD-202403596

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: September 15, 2024

For further information, please call: (512) 463-7750

SUBCHAPTER N. PROGRAM INSTRUCTION FOR PUBLIC SCHOOLS, EDUCATION SERVICE CENTERS, AND COLLEGES OR UNIVERSITIES COURSE REQUIREMENTS

16 TAC §84.600, §84.601

STATUTORY AUTHORITY

The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is House Bill 1560, 87th Legislature, Regular Session (2021).

§84.600.Program of Organized Instruction.

(a) To be approved under this subchapter, a driver education plan must include one or more of the following course programs.

(1) Core program. This program must consist of at least 24 [32] hours of classroom instruction; seven hours of behind-the-wheel instruction in the presence of a certified instructor; seven hours of in-car observation in the presence of a certified instructor; and 30 hours of behind-the-wheel supervised practice [~~instruction~~ ], including at least 10 hours of instruction that takes place at night, certified [~~verified~~] by a parent or guardian in the presence of an adult who meets the requirements of Texas Transportation Code, §521.222(d)(2).

(2) In-car only program. This program must consist of at least seven hours of behind-the-wheel instruction in the presence of a certified instructor; seven hours of in-car observation in the presence of a certified instructor; and 30 hours of behind-the-wheel supervised practice [~~instruction~~], including at least 10 hours of instruction that takes place at night, certified [~~verified~~] by a parent or guardian in the presence of an adult who meets the requirements of Texas Transportation Code, §521.222(d)(2).

(3) Classroom only program. This program must consist of at least 24 [32] hours of classroom instruction.

(b) The minimum requirements of the driver education program must be met regardless of how the course is scheduled. The following applies to all minor and adult driver education programs.

(1) A learner portion of a DE-964 must be issued to a student to obtain a learner's license upon completion of Module One of the POI-DE. A driver license portion of the DE-964 must be given when all in-car laboratory and classroom instruction has been completed by the student.

(2) In-car laboratory lessons may be given only after the student has obtained a learner's license.

(3) Instruction may be scheduled any day of the week, during regular school hours, before or after school, and during the summer.

(4) Instruction must not be scheduled before 5:00 a.m. or after 11:00 p.m.

(5) The driver education classroom phase must have uniform beginning and ending dates. Students must proceed in a uniform sequence. Students must be enrolled and in class before the fifth [~~seventh~~] hour of classroom instruction in a 24 [32]-hour program and the 12th hour of classroom instruction in 56-hour or semester-length programs.

(6) Self-study assignments occurring during regularly scheduled class periods must not exceed 25 percent of the course and must be presented to the entire class simultaneously.

(7) The driver education course must be completed within the timelines established by the superintendent, college or university chief school official, or ESC director. This must not circumvent attendance or progress. Variances to the established timelines must be determined by the superintendent, college or university chief school official, or ESC director and must be agreed to by the parent or legal guardian.

(8) Public schools [~~Schools~~] are allowed five minutes of break within each instructional hour in all phases of instruction. A break is an interruption in a course of instruction occurring after the lesson introduction and before the lesson summation. It is recommended that the five minutes of break be provided outside the time devoted to behind-the-wheel instruction so students receive a total of seven hours of instruction.

(9) Driver education training offered by the public school must not exceed six hours per day. Public schools may include five minutes of break per instructional hour as identified in §84.500 (relating to Courses of Instruction for Driver Education Providers). In-car instruction provided by the public school must not exceed four hours per day as follows:

(A) four hours or less of in-car training; however, behind-the-wheel instruction must not exceed two hours per day; or

(B) four hours or less of simulation instruction; or

(D) any combination of the methods delineated in this subsection that does not exceed four hours per day.

[(9) A student must not receive credit for more than four hours of driver education training at a public school in one calendar day no matter what combination of training is provided, excluding makeup. Further, for each calendar day, a student is limited to a maximum of:]

~~[(A) two hours of classroom instruction;]~~

~~[(B) four hours of observation time;]~~

~~[(C) two hours of multicar range driving;]~~

~~[(D) three hours of simulation instruction; and]~~

~~[(E) one hour of behind-the-wheel instruction.]~~

(10) Driver education training certified [~~verified~~] by the parent is limited to two hours [~~one hour~~] per day.

(c) Course content, minimum instruction requirements, and administrative guidelines for each phase of driver education classroom instruction, in-car training (behind-the-wheel and observation), simulation, and multicar range must include the instructional objectives established by the department, as specified in this subsection and the POI-DE, and meet the requirements of this subchapter. Sample instructional modules may be obtained from the department. Schools may use sample instructional modules developed by the department or develop their own instructional modules based on the approved instructional objectives. The instructional objectives are organized into the modules outlined in this subsection and include objectives for classroom and in-car training (behind-the-wheel and observation), simulation lessons, parental involvement activities, and evaluation techniques. In addition, the instructional objectives that must be provided to every student enrolled in a minor and adult driver education course include information relating to litter prevention; anatomical gifts; safely operating a vehicle near oversize or overweight vehicles; distractions, including the use of a wireless communication device that includes texting; motorcycle awareness; alcohol awareness and the effect of alcohol on the effective operation of a motor vehicle; and recreational water safety. A student may apply to the Texas Department of Public Safety (DPS) for a learner's license after completing four [~~six~~] hours of instruction as specified in Module One of the POI-DE.

(d) A public school may use multimedia systems, simulators, and multicar driving ranges for instruction in a driver education program.

(e) Each simulator, including the instructional programs, and each plan for a multicar driving range must meet state specifications developed by the department. Simulators are electromechanical equipment that provides for teacher evaluation of perceptual, judgmental, and decision-making performance of individuals and groups. With simulation, group learning experiences permit students to operate vehicular controls in response to audiovisual depiction of traffic environments and driving emergencies. The specifications are available from the department.

(f) A minimum of four periods of at least 55 minutes per hour of instruction in a simulator may be substituted for one hour of behind-the-wheel and one hour observation instruction. A minimum of two periods of at least 55 minutes per hour of multicar driving range instruction may be substituted for one hour of behind-the-wheel and one hour observation instruction relating to elementary or city driving lessons. However, a minimum of four hours must be devoted to behind-the-wheel instruction and a minimum of four hours must be devoted to observation instruction.

(g) A school may not permit more than 36 students per driver education class, excluding makeup students.

(h) All behind-the-wheel lessons must consist of actual driving instruction. Observation of the instructor, mechanical demonstrations, etc., must not be counted for behind-the-wheel instruction. The instructor must be in the vehicle with the student during the entire time behind-the-wheel instruction is provided.

(i) Minor and adult driver education programs must include the following components.

(1) Driver education instruction is limited to eligible students between the ages of 14-18 years of age, who are at least 14 years of age when the driver education classroom phase begins and who will be 15 years of age or older when the behind-the-wheel instruction begins. Students officially enrolled in school who are 18-21 years of age may attend a minor and adult driver education program.

(2) Motion picture films, slides, videos, tape recordings, and other media that present concepts outlined in the instructional objectives may be used as part of the required instructional hours of the classroom instruction. Units scheduled to be instructed may also be conducted by guest speakers as part of the required hours of instruction. Together, these must not exceed 720 [~~640~~] minutes of the total classroom phase.

(3) Each classroom student must be provided a driver education textbook or driver education instructional materials approved by the department.

(4) A copy of the current edition of the "Texas Driver Handbook" [~~published by DPS~~] or equivalent study material must be made available [~~furnished~~] to each student enrolled in the classroom phase of the driver education course.

(5) No public school should permit a ratio of less than two, or more than four, students per instructor for behind-the-wheel instruction, except behind-the-wheel instruction may be provided for only one student when it is not practical to instruct more than one student, for makeup lessons, or if a hardship would result if scheduled instruction were [is] not provided. In each case when only one student is instructed:

(A) the school must obtain a waiver signed and dated by the parent or legal guardian of the student and the chief school official stating that the parent or legal guardian understands that the student may be provided behind-the-wheel instruction on a one-on-one basis with only the instructor and student present in the vehicle during instruction;

(B) the waiver may be provided for any number of lessons; however, the waiver must specify the exact number of lessons for which the parent is providing the waiver; and

(C) the waiver must be signed before the first lesson in which the parent is granting permission for the student to receive one-on-one instruction.

(j) Colleges and universities that offer driver education to adults must submit and receive written approval for the course from the department prior to implementation of the program. The request for approval must include a syllabus, list of instructors, samples of instructional records that will be used with the course, and information necessary for approval of the program.

§84.601.Additional Procedures for Student Certification and Transfers.

(a) Unused DE-964s must not be transferred to another school without written approval by the department.

(b) The DE-964 document is a government record as defined under Texas Penal Code, §37.01(2). Any misrepresentation by the applicant or person issuing the form as to the prerequisite set forth may result in suspension or revocation of instructor credentials or program approval and/or criminal prosecution.

(c) The superintendent, college or university chief school official, ESC director, or their designee may request to receive serially numbered DE-964 certificates for exempt schools by submitting a completed order on the form provided by the department stating the number of certificates to be purchased and including payment of all appropriate fees. The department will accept purchase requisitions from school districts.

(d) All DE-964 certificates and records of certificates must be provided to the department or DPS upon request. The superintendent, college or university chief school official, ESC director, or their designee must maintain the school copies of the certificates. The chief school official, ESC or DPS director, or their designee must return unissued DE-964 certificates to the department within 30 days from the date the school discontinues the driver education program, unless otherwise notified.

(e) The public school may accept any part of the driver education instruction received by a student in another state; however, the student must complete all the course requirements for a Texas driver education program. Driver education instruction completed in another state must be certified in writing by the chief official or course instructor of the school where the instruction was given and include the hours and minutes of instruction and a complete description of each lesson provided. The certification document must be attached to the student's individual record at the Texas school and be maintained with the record for three [~~seven~~] years or as mandated by the school district.

(f) Students who are licensed in another state and have completed that state's driver education program should contact the DPS for information on the licensing reciprocal agreement between that state and Texas.

(g) All records of instruction must be included as part of the student's final history when it is necessary to compile multiple records to verify that a student successfully completed a driver education course.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 5, 2024.

TRD-202403595

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: September 15, 2024

For further information, please call: (512) 463-7750