Proposed Driver Education and Safety Administrative Rules

Chapter 84. Driver Education and Safety
Future Proposed Rulemaking

Underlined text is new language.
[Strikethrough text] is deleted language.

SUBCHAPTER A. GENERAL PROVISIONS

§84.2. Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) - (5) (No change.)

(6) Change of ownership of a school or course provider--A change in the control of the school. The control of a school is considered to have changed:

(A) in the case of ownership by an individual, when more than 50 percent [%] of the school or course provider has been sold or transferred;

(B) in the case of ownership by a partnership or a corporation, when more than 50 percent [%] of the school or course provider, or of the owning partnership or corporation has been sold or transferred; or

(C) 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 school or course provider.

(7) - (13) (No change.)

(14) Instructor Development Course (IDC) – A six semester hour or nine semester hour department approved course designed to prepare participants to obtain a driver education instructor license. This course is provided by a driver education school in lieu of completing the required semester hours in driver traffic and safety education from an accredited college or university.

(15) Instructor Development Program (IDP) – A six semester hour department approved course designed to prepare licensed driver education instructor to supervise the instruction of a department-approved driver education instructor development course. This course is provided by a driver education school in lieu of completing the required semester hours in driver traffic and safety education from an accredited college or university.

(16) [(14)] Instructor trainer--A driving safety instructor trainer (DSIT) or specialized driving safety instructor trainer (SDSIT) who has been trained to prepare instructors to give instruction in a specified curriculum. A DSIT or SDSIT supervises the student instructor trainee during their practical teaching sessions, overseeing their presentation of the course. The DSIT or SDSIT may provide feedback and guidance to the trainee concerning their practical teaching but would not provide the training of techniques of instruction and in-depth familiarization with course material to the trainee during the Instructor Development Course.

(17) [(15)] National criminal history record information--Criminal history record information obtained from the Federal Bureau of Investigation under Texas Government Code, §411.087, based on fingerprint identification information.

(18) [(16)] New Course--A driving safety or specialized driving safety course is considered new when it has not been approved by the department to be offered previously, or has been approved by the department and become inactive; or the content, lessons, or delivery of the course has been changed to a degree that a new application is requested and a complete review of the application and course presentation is necessary to determine compliance.

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

(20) [(18)] Post program exam--an exam designed to measure the student’s comprehension and knowledge of course material presented after the instruction is completed.

(21) [(19)] Pre-program exam--an exam given during the program introduction using questions drawn from material to be covered in the course to determine the level of drug and alcohol knowledge possessed by the student prior to receiving instruction.

(22) [(20)] Primary school--A licensed driver education main school that may have branch schools.

(23) [(21)] Public or private school--an accredited public or non-public secondary school.

(24) [(22)] Specialized driving safety course--a six-hour driving safety course that includes at least four hours of training intended to improve the student’s knowledge, compliance with, and attitude toward the use of child passenger safety seats systems and the wearing of seat belt and other occupant restraint system.

(25) Teaching techniques -- The method of interpersonal influence which aims to induce learning and the development of a student by different means. It must be comprised of principles and methods, used individually or in combination, for increasing class participation, demonstration, recitation, memorization, or communication.

[(23) Teacher of record--A licensed supervising driver education teacher or licensed driver education teacher employed at the school who is directly responsible for the classroom instructional phase provided by a teaching assistant full or supervising teaching assistant full.]

(26) [(24)] Uniform certificate of course completion--A document with a serial number purchased from the department that is printed, administered and supplied by course providers or primary consignees for issuance to students who successfully complete an approved driving safety or specialized driving safety course and that meets the requirements of Texas Transportation Code, Chapter [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.

(27) [(25)] 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.

SUBCHAPTER C. DRIVER EDUCATION SCHOOLS AND INSTRUCTORS

§84.40. Driver Education School Licensure Requirements

(a) - (j) (No change.)

[(k) A school shall not advertise without including the school name or the school number exactly as it appears on the driver education school license.]

(k) [(l)] Contract site. A school shall receive approval from the department prior to conducting a class at a contract site, and approval may be granted by the department upon review of the agreement made between the licensed driver education school and the contract site. The course shall be subject to the same rules that apply at the licensed driver education school, including periodic inspections by department representatives. An on-site inspection is not required prior to approval of the site.

§84.41. Driver Education School Responsibility

(a) Each driver education school must:

(1) - (5) (No change.)

(6) ensure that no instructor provides more than ten [10] hours of behind-the-wheel instruction per day.

(b) - (c) (No change.)

§84.44. Driver Education Instructor License

(a) (No change.)

(b) Driver education instructor license endorsement qualifications and responsibilities:

(1) Supervising driver education teacher:

(A) must have a current, valid Texas teacher's certificate and an official transcript indicating completion of 15 semester hours of driver and traffic safety education from an accredited college or university or evidence of completion of a department-approved instructor development course that is equivalent to 15 semester hours. Completion of course work in an approved alternative certification program may suffice for all or part of the 15 semester hours of driver and traffic safety education if the department determines that the course is equivalent;

(B) may teach [perform] instruction and administration of the classroom and in-car phases of driver education as prescribed in the Program of Organized instruction to minors and adults;

(C) may teach [perform instruction of] a department-approved driver education instructor development course;

(D) may be directly responsible for the classroom instruction phase provided by a supervising teaching assistant-full or teaching assistant-full [serve as a teacher of record].

(2) Driver education teacher:

(A) must have a current, valid Texas teacher's certificate and an official transcript indicating completion of nine [9] semester hours of driver and traffic safety education from an accredited college or university or evidence of completion of a department-approved instructor development course that is equivalent to nine [9] semester hours. Completion of course work in an approved alternative certification program may suffice for all or part of the nine [9] semester hours of driver and traffic safety education if the department determines that the course is equivalent;

(B) may perform instruction and administration of the classroom and in-car phases of driver education as prescribed in the Program of Organized instruction to minors and adults;

(C) may be directly responsible for classroom instruction phase provided by a supervising teaching assistant-full or teaching assistant-full [serve as a teacher of record].

(3) Teaching assistant:

(A) must have a valid teaching assistant license issued by the department that indicates approval for in-car instruction only;

(B) must have an official transcript indicating completion of six [6] semester hours of driver and traffic safety education from an accredited college or university or evidence of completion of a department approved instructor development course that is equivalent to six [6] semester hours. Completion of course work in an approved alternative certification program may suffice for all or part of the six [6] semester hours of driver and traffic safety education if the department determines that the course is equivalent;

(C) may only perform in-car instruction.

(4) Teaching assistant-full:

(A) must have a valid teaching assistant license issued by the department that indicates approval for all phases of laboratory instruction and instructional assistance in the classroom;

(B) must have an official transcript indicating completion of nine [9] semester hours of driver and traffic safety education from an accredited college or university or evidence of completion of a department approved instructor development course that is equivalent to nine [9] semester hours. Completion of course work in an approved alternative certification program may suffice for all or part of the nine [9] semester hours of driver and traffic safety education if the department determines that the course is equivalent;

(C) may perform all phases of in-car instruction and may assist certified teachers in the classroom phase of minor and adult driver education. All classroom instruction provided by a teaching assistant-full shall be endorsed by a licensed supervising driver education teacher, licensed driver education teacher or the school owner [the teacher of record. In emergency situations, the school owner may request prior approval from the department to endorse classroom instruction records provided by a teaching assistant-full].

(5) Supervising teaching assistant-full:

(A) - (C) (No change.)

(D) may assist in the classroom phase of minor and adult driver education, however, any classroom instruction provided must be endorsed by a licensed supervising driver education teacher, licensed driver education teacher or the school owner: [the teacher of record]

(E) may teach [perform] instruction in a department approved driver education instructor development course.

(6) (No change.)

(c) (No change.)

(d) Continuing education requirements include the following.

(1) Driver education instructors shall participate in and provide evidence of completion of at least one of the following to obtain credit for continuing education. Credit will be given only for courses that were completed during the appropriate licensing period.

(A) (No change.)

(B) Credit may also [may] be given for any of the following:

(i) successful completion of a postsecondary course that pertains to instruction techniques or instruction related to driver education as provided by an accredited college or university. Evidence of completion shall be a copy of official school documentation indicating a passing grade; [.]

(ii) successful completion of national, state, or regionally sponsored in-service workshops, seminars, or conferences. These programs must pertain to subject matters that relate to the practice of driver education or teaching techniques; [.]

(iii) successful completion of an approved six-hour driving safety, specialized, or drug and alcohol driving awareness course once every three years if the licensee is not endorsed or has not been endorsed as an instructor in that program for a period of one year previous to class attendance; [, or]

(iv) successful completion of an approved continuing education course provided by a licensed driver education school; [.]

(v) successful completion of an eight-hour school bus driver re-certification training course; or

(vi) successful completion of a Drug Offender Education Program.

(2) - (5) (No change.)

(6) A licensee may not receive credit for completion of a six-hour driving safety course, specialized, or drug and alcohol driving awareness course, if they have already received credit for one of these courses within the previous three years.

(e) - (g) (No change.)

§84.45. Student Progress

Appropriate standards shall be implemented to ascertain the progress of the students.

(1) (No change.)

(2) Each primary school shall [submit to the department for approval procedures to] ensure that each student who attends the primary school and all branch schools demonstrates an acceptable level of mastery of the Program of Organized Instruction for Driver Education and Traffic Safety. Mastery is not related to passing the written examination for a driver's license administered by the Texas Department of Public Safety. Successful completion and mastery are prerequisites to awarding a grade of 70 percent [70%] or above.

(3) - (4) (No change.)

§84.46. Attendance and Makeup

(a) - (c) (No change.)

(d) A two-hour [2-hour] increment of behind-the-wheel instruction may be offered once during the behind-the-wheel instruction for each student and shall include ten [10] minutes of instructional break after 55 minutes of instruction as identified in §84.500 (relating to Courses of Instruction for Driver Education Schools).

(e) (No change.)

(f) Schools shall develop a makeup policy subject to review by the department upon request [submit a makeup policy to the department for approval]. [All absences are subject to the attendance policy regardless of whether the student attends makeup lessons. Students may be allowed to complete up to ten hours of classroom makeup work assignments outside of regularly scheduled classroom instruction. Schools shall not initiate nor encourage absences.] Makeup policies shall adhere to the following requirements:

(1) For a policy that allows a student to attend a missed lesson on the same date or at a later date at a regularly scheduled class, the class shall be engaged in the same lesson the student missed previously.

(2) For a policy that allows a student to perform an individual makeup lesson, a sample of each makeup lesson, clearly labeled as "makeup for the driver education course," shall be available for review by the department at the school. Each lesson shall be clearly identified as a makeup lesson and identified as to the units of instruction to be covered. Evidence of makeup completed outside of regularly scheduled classroom instruction shall be placed in the student file.

(3) All absences are subject to the attendance policy regardless of whether the student attends makeup lessons.

 

(4) Students may be allowed to complete up to ten hours of classroom makeup work assignments outside of regularly scheduled classroom instruction.

(g) - (i) (No change.)

SUBCHAPTER D. PARENT TAUGHT DRIVER EDUCATION

§84.50. Parent Taught Driver Education Program Requirements

(a) 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 Program Guide form with a non-refundable fee to the department.

(b) - (k) (No change.)

§84.51. Parent Taught Submission of Course for Department Approval

(a) - (g) (No change.)

(h) Course identification. All parent taught courses shall display the parent taught course provider name and registration 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.

(i) A parent taught course may accept students redirected from a website as long as the student is redirected to a webpage that clearly identifies the parent taught course provider and registration number offering the course. This information shall be visible before and during the student registration and course payment processes.

§84.52. Cancellation of Department Approval

(a) A department-approved parent taught driver education course may have its approval cancelled upon a finding:

(1) That the course does not meet the standards required under §1001.112 [§1001.212] of the Code, or

(2) (No change.)

(b) (No change.)

SUBCHAPTER E. DRIVING SAFETY SCHOOLS, COURSE PROVIDERS AND INSTRUCTORS

§84.64. Driving Safety Instructor License Requirements

(a) Application for licensing as a driving safety, [or] specialized driving safety, or younger than 25 years of age driving safety instructor shall be made on forms prescribed by the department. A person is qualified to apply for a driving safety or specialized driving safety instructor license who holds a valid Class A, B, C, or CDL driver's license, other than learner license or provisional license, for the preceding three years in the areas for which the individual is to teach, which has not been revoked or suspended in the preceding three years.

(b) A person applying for an original driving safety, [or] specialized driving safety, or younger than 25 years of age driving safety instructor's license must submit to the department the following:

(1) a complete application prescribed by the department;

(2) the required fees;

(3) documentation showing that all applicable educational requirements have been met; and

(4) a clear and legible photocopy of the current, valid driver's license issued to the applicant.

(c) A person applying for a driving safety, [or] specialized driving safety, or younger than 25 years of age driving safety instructor license may qualify for the following endorsements:

(1) Driving safety instructor. The application shall include evidence of completion of 16 hours of training covering techniques of instruction and in-depth familiarization with material contained in the driving safety curriculum in which the individual is being trained and 12 hours of practical teaching in the same driving safety course and a statement signed by the course provider recommending the applicant for licensing. Alternatively, a currently licensed instructor may submit a copy of a current driving safety instructor license, a specialized driving safety instructor license, or a current driver education instructor license and evidence of six [6] hours of training and 6 hours of demonstrative presentation teaching or practical teaching in the curriculum to be licensed. The six [6] hours of training shall cover techniques of instruction and in-depth familiarization with material contained in the driving safety curriculum. The six [6] hours of demonstrative presentation or practical teaching shall be in the driving safety curriculum and under the direct supervision of a licensed driving safety instructor trainer endorsed in the same driving safety curriculum.

(2) Specialized driving safety instructor. The application shall include evidence of completion of 16 hours of training and 12 hours of practical teaching. The 16 hours of training shall cover techniques of instruction and in-depth familiarization with material contained in the specialized driving safety curriculum. The 12 hours of practical teaching shall be in the same specialized driving safety curriculum and shall be accompanied by a statement signed by the course provider recommending the applicant for licensing. Alternatively, the applicant may submit a copy of a current driving safety instructor license or current or past certification as a National Highway Traffic Safety Association Child Passenger Safety technician or instructor and six [6] hours of training and six [6] hours of demonstrative presentation or practical teaching. The six [6] hours of training shall cover techniques of instruction and in-depth familiarization with material contained in the specialized driving safety curriculum. The six [6] hours of demonstrative presentation or practical teaching shall be in the same specialized driving safety curriculum and under the direct supervision of a licensed specialized driving safety instructor trainer endorsed in the same specialized driving safety curriculum.

(3) Younger than 25 driving safety instructor. The application shall include evidence of completion of 16 hours of training covering techniques of instruction and in-depth familiarization with material contained in the driving safety curriculum in which the individual is being trained and eight hours of practical teaching in the same driving safety course and a statement signed by the course provider recommending the applicant for licensing. Alternatively, a currently licensed instructor may submit a copy of a current driving safety instructor license, a specialized driving safety instructor license, or a current driver education instructor license and evidence of six hours of training and four hours of demonstrative presentation teaching or practical teaching in the curriculum to be licensed. The six hours of training shall cover techniques of instruction and in-depth familiarization with material contained in the driving safety curriculum. The four hours of demonstrative presentation or practical teaching shall be in the driving safety curriculum and under the direct supervision of a licensed driving safety instructor trainer endorsed in the same driving safety curriculum.

(4) [(3)] Driving safety instructor trainer. The application shall include a statement signed by the driving safety course provider (if different than the applicant) recommending the instructor as an instructor trainer and evidence of one of the following:

(A) a Texas teaching certificate with driver education endorsement and 12 hours of experience, exclusive of the 28-hour instructor development course, in the same driving safety course for which the individual is to teach;

(B) a teaching assistant certificate and 12 hours of experience, exclusive of the 28-hour instructor development course, in the same driving safety course for which the individual is to teach;

(C) completion of all the requirements of a driving safety instructor and 60 hours of verifiable experience as a licensed driving safety instructor, of which the most recent 12 hours shall be in the same driving safety course for which the individual is to teach; or 6 clock hours in a teaching methodology course; or

(D) proof of authorship of an approved driving safety course. The applicant who will provide the initial instructor training for a newly approved course shall demonstrate to the department the ability to teach the course and instructor training course prior to being licensed.

(5) [(4)] Specialized driving safety instructor trainer. The application shall include a statement signed by the driving safety course provider (if different than the applicant) recommending the instructor as an instructor trainer, a copy of current or past certification as a National Highway Traffic Safety Association Child Passenger Safety technician or instructor, and evidence of one of the following:

(A) a Texas teaching certificate with driver education endorsement and 12 hours of experience, exclusive of the 28-hour instructor development course, in the same specialized driving safety course for which the individual is to teach;

(B) a teaching assistant certificate and 12 hours of experience, exclusive of the 28-hour instructor development course, in the same specialized driving safety course for which the individual is to teach;

(C) completion of all the requirements for a specialized driving safety instructor license and 60 hours of verifiable experience as a licensed driving safety instructor, of which the most recent 12 hours shall be in the same specialized driving safety course for which the individual is to teach; or 6 clock hours in a teaching methodology course; or

(D) proof of authorship of an approved specialized driving safety course. The applicant who will provide the initial instructor training for a newly approved course shall demonstrate to the department the ability to teach the course and the instructor training course prior to being licensed.

(6) Younger than 25 driving safety instructor trainer. The application shall include a statement signed by the driving safety course provider (if different than the applicant) recommending the instructor as an instructor trainer and evidence of one of the following:

(A) a Texas teaching certificate with driver education endorsement and 12 hours of experience, exclusive of the 28-hour instructor development course, in the same driving safety course for which the individual is to teach;

(B) a teaching assistant certificate and 12 hours of experience, exclusive of the 28-hour instructor development course, in the same driving safety course for which the individual is to teach;

(C) completion of all the requirements of a driving safety instructor and 60 hours of verifiable experience as a licensed driving safety instructor, of which the most recent 12 hours shall be in the same driving safety course for which the individual is to teach; or 6 clock hours in a teaching methodology course; or

(D) proof of authorship of an approved driving safety course. The applicant who will provide the initial instructor training for a newly approved course shall demonstrate to the department the ability to teach the course and instructor training course prior to being licensed.

(7) [(5)] Instructor development course driving safety instructor trainer. The applicant [application] shall [include evidence of]:

(A) include evidence of completion of all the requirements for a driving safety instructor trainer plus an additional 30 hours of verifiable experience as a licensed driving safety instructor or driving safety instructor trainer in the same driving safety course for which the individual is to teach, or proof of authorship of an approved driving safety course [. The applicant who will provide the initial instructor training for a newly approved course shall demonstrate to the department the ability to teach the course and the instructor training course prior to being licensed or 6 clock hours in a teaching methodology course]; and

(B) submit a statement signed by the driving safety course provider, if different than the applicant, recommending the individual as an instructor development course instructor trainer in driving safety.

(8) [(6)] Instructor development course specialized driving safety instructor trainer. The applicant [application] shall include a copy of a current or past certification as a National Highway Traffic Safety Association Child Passenger Safety technician or instructor and evidence of:

(A) completion of all the requirements for a specialized driving safety instructor trainer plus an additional 30 hours of verifiable experience as a licensed specialized driving safety instructor or specialized driving safety instructor trainer in the same specialized driving safety course for which the individual is to teach, or proof of authorship of an approved specialized driving safety course [. The applicant who will provide the initial instructor training for a newly approved course shall demonstrate to the department the ability to teach the course and the instructor training course or 6 clock hours in a teaching methodology course prior to being licensed]; and

(B) submit a statement signed by the driving safety course provider, if different than the applicant, recommending the individual as an instructor development course instructor trainer in specialized driving safety.

(9) Instructor development course younger than 25 driving safety instructor trainer. The applicant shall:

(A) include evidence of completion of all the requirements for a driving safety instructor trainer plus an additional 30 hours of verifiable experience as a licensed driving safety instructor or driving safety instructor trainer in the same driving safety course for which the individual is to teach, or proof of authorship of an approved driving safety course; and

(B) submit a statement signed by the driving safety course provider, if different than the applicant, recommending the individual as an instructor development course instructor trainer in driving safety.

(d) A renewal application for a driving safety, [or] specialized driving safety, or younger than 25 years of age driving safety instructor license must be prepared using the following procedures.

(1) Application for renewal of an instructor license shall be made on a form prescribed by the department and submitted by the course provider.

(2) The annual instructor licensing fee and evidence of continuing education shall accompany the application.

(e) Continuing education requirements include the following:

(1) - (4) (No change.)

(5) A driving safety, [or] specialized driving safety, or younger than 25 years of age diving safety continuing education course shall not be used for the continuing education requirement for a driver education instructor license.

(f) (No change.)

(g) All driving safety, [and] specialized driving safety, or younger than 25 years of age driving safety instructor license endorsement changes shall require the following:

(1) written documentation showing all applicable educational requirements have been met to justify endorsement changes;

(2) the required fees; and

(3) completion of renewal requirements for current endorsements.

SUBCHAPTER F. DRUG AND ALCOHOL AWARENESS PROGRAMS AND INSTRUCTORS

§84.72. Instructor License Requirements

(a) - (b) (No change.)

(c) A person applying for an original instructor license shall submit to the department the following:

(1) - (3) (No change.)

(4) Alternatively, the applicant may submit a copy of a current Texas Department of State Health Services Alcohol and Drug Offender Education Program Instructor license or current certification as a Texas Department of State Health Services Offender Education Counselor and six [6] hours of training and six [6] hours of demonstrative presentation or practical teaching. The six [6] hours of training shall cover techniques of instruction and in-depth familiarization with material contained in the alcohol and drug education curriculum. The six hours of demonstrative presentation or practical teaching shall be in the same alcohol and drug education curriculum and under the direct supervision of a licensed alcohol and drug education instructor trainer endorsed in the same alcohol and drug education curriculum and shall be accompanied by a statement signed by the course provider recommending the applicant for licensing.

(d) - (i) (No change.)

SUBCHAPTER G. GENERAL BUSINESS PRACTICES

§84.80. Names and Advertising

(a) A licensed driver education school, driving safety school, course provider or drug and alcohol awareness school may not conduct business or advertise under a name that is not distinguishable from [deceptively similar to] a name used by any other licensed driver education school, driving safety school, course provider or drug and alcohol awareness school, or tax-supported educational establishment in this state, unless specifically approved in writing by the department [executive director].

(b) - (c) (No change.)

(d) An applicant applying for approval of a new license shall be allowed to advertise in a manner as approved by the department. Any publicly posted advertisement from a license applicant subject to license approval by the department shall include the following information:

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

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

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

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

(2) Accept payments from prospective students; or

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

(f) A school shall not advertise without including the school name and the school number exactly as it appears on the driver education school license.

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

§84.81. Recordkeeping Requirements

(a) Driver Education Schools Recordkeeping Requirements.

(1) - (2) (No change.)

(3) The school shall maintain a written or electronic daily record of attendance for all students enrolled at the instruction site. The record shall include the information specified in this subsection.

(A) (No change.)

(B) The individual student record form (classroom) for all students, including completed, terminated, or withdrawn, shall include the following:

(i) - (iii) (No change.)

[(iv) type and driver's license or permit number, if applicable, held by the student, including the expiration date and licensing state;]

(iv) [(v)] month, day, year, and start and end time of instruction;

(v) [(vi)] each unit of instruction;

(vi) [(vii)] grade earned for each unit, if applicable;

(vii) [(viii)] instruction hours for classroom, simulators, behind-the-wheel, and observation;

(viii) [(ix)] initials of each instructor providing the classroom or in-car lesson. The instructor's signature and license number shall appear at least once on the form. If applicable, a licensed supervising driver education teacher, licensed driver education teacher or school owner [The teacher of record] shall sign or stamp all completed classroom instruction records;

(ix) [(x)] beginning and ending dates of the classroom phase; and

(x) [(xi)] statement of assurance signed by student and instructor that the record is true and correct.

(C) The individual student record form (in-car instruction) shall contain the following entries:

(i) - (iii) (No change.)

(iv) name of student; [and]

(v) driver or learner license number held by student; and

(vi) [(v)] instructor's name and license number or instructor initials (if instructor's name and license number appears at least one time on the record).

(D) - (F) (No change.)

(b) - (c) (No change.)

§84.82. Student Enrollment Contracts

(a) Driver Education Schools Enrollment Contracts.

(1) - (8) (No change.)

(9) A driver education school shall provide a makeup policy to each student.

(b) - (c) (No change.)

§84.84. Notification of Public Interest Information and Participation

Consumers and service recipients shall be notified of the name, mailing address, and telephone number of the department for the purpose of directing complaints to the department regarding the Driver Education and Safety Program. The notification must appear on [at least one of] the following:

(1) each registration form, application, or written contract for services of a person regulated under this chapter; and

(2) a sign prominently displayed in the place of business of each person regulated under this chapter. [; or]

[(3) a bill for service provided by a person regulated under this chapter.]

SUBCHAPTER J. DRIVER EDUCATION AND DRIVING SAFETY SCHOOL CANCELLATION AND REFUND

§84.200. Cancellation and Refund Policy

(a) - (d) (No change.)

(e) In reference to §1001.404 of the Code, the interest rate on unpaid refunds is set at 20 percent [20%].

(f) - (h) (No change.)

SUBCHAPTER M. CURRICULUM AND ALTERNATIVE METHODS OF INSTRUCTION

§84.500. Courses of Instruction for Driver Education Schools

(a) (No change.)

(b) This subsection contains requirements for driver education courses. All course content and instructional material shall 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 shall 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 school.

(1) Minor and adult driver education course.

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

(i) (No change.)

(ii) 30 hours of behind-the-wheel instruction, including at least ten [10] hours of nighttime instruction, in the presence of an adult who meets the requirements of Texas Transportation Code, §521.222(d)(2). The 30 hours of instruction must be endorsed by a parent or legal guardian if the student is a minor. Simulation hours shall not be substituted for these 30 hours of instruction. Driver education training endorsed by the parent is limited to two hours [one hour] per day.

(B) - (F) (No change.)

(G) Videos, tape recordings, guest speakers, and other instructional media that present concepts required in the POI may be used as part of the required 32 hours of traditional classroom instruction. [Instructors shall refrain from using any type of media for an extended period of time and should only use videos for no more than 640 minutes. PowerPoint slides or equivalent software solutions are considered to be approved teaching aids and does not fall into the restricted media aids.]

(H) Self-study assignments occurring during regularly scheduled class periods shall not exceed 25 percent [25%] of the course and shall be presented to the entire class simultaneously.

(I) - (K) (No change.)

(L) When a student changes schools, the school must follow the current transfer policy developed by the department [and Texas Department of Public Safety (DPS)].

(M) - (O) (No change.)

(P) All in-car instruction provided by the school shall begin no earlier than 5:00 a.m. and end no later than 11:00 p.m. [The division may approve exceptions; however, the request shall be made in writing by the school owner or school director and include acknowledgment by all parents in the form of signatures.]

(Q) (No change.)

(R) Four periods of at least 55 minutes per hour of instruction in a simulator may be substituted for one [1] hour of behind-the-wheel instruction and one [1] hour of in-car observation. Two periods of at least 55 minutes per hour of multicar driving range instruction may be substituted for 1 hour of behind-the-wheel instruction and 1 hour of in-car observation relating to elementary or city driving lessons. However, a minimum of four hours must be devoted to actual behind-the-wheel instruction.

(S) (No change.)

[(T) A student issued a DE-964 under the block and concurrent programs must subsequently complete the required classroom instruction. If a student does not subsequently complete the required class instruction, the instructor must complete DPS Form DL-42 and send it to the DPS division responsible for license and driver records. Form DL-42 should be prepared as soon as it is evident the student will not complete the required hours of instruction. The DPS may then revoke the student's instruction permit.]

(T) [(U)] Each school owner that teaches driver education courses shall collect adequate student data to enable the department to evaluate the overall effectiveness of the driver education course in reducing the number of violations and accidents of persons who successfully complete the course. The department may determine a level of effectiveness that serves the purposes of the Code.

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

(2) Driver education course exclusively for adults. Courses offered in a traditional classroom setting or online 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(c) and §521.1601, must be offered in accordance with the following guidelines.

(A) Traditional approval process. The department may approve a driver education course exclusively for adults to be offered traditionally if the course meets the following requirements.

(i) - (ii) (No change.)

(iii) Minimum course content. The driver education course exclusively for adults shall consist of six clock hours of classroom instruction that meets the following topics.

(I) - (II) (No change.)

(III) Right-of-way--minimum of 45 [50] minutes. Objective: The student reduces risk by legally and responsibly accepting or yielding the right-of-way.

(IV) Traffic control devices--minimum of 40 minutes. Objective: The student reduces risk by legally and responsibly applying knowledge and understanding of traffic control devices.

(V) Controlling traffic flow--minimum of 35 [40] minutes. Objective: The student reduces risk by legally and responsibly applying knowledge and understanding of laws and procedures for controlling traffic flow.

(VI) Alcohol and other drugs--minimum of 40 [50] minutes. Objective: The student legally and responsibly performs reduced-risk driving practices by adopting zero-tolerance driving and lifestyle practices related to the use of alcohol and other drugs and applying knowledge and understanding of alcohol and other drug laws, regulations, penalties, and consequences.

(VII) Cooperating with other roadway users--minimum of 50 [20] minutes. Objective: The student reduces risk by legally and responsibly cooperating with law enforcement and other roadway users, including vulnerable roadway users in emergency and potential emergency situations.

(VIII) Managing risk--minimum of 40 [50] minutes. Objective: The student reduces and manages risk by legally and responsibly understanding the issues commonly associated with motor vehicle collisions, including poor decision making, risk taking, impaired driving, distractions, speed, failure to use a safety belt, driving at night, and using a wireless communications device while operating a vehicle.

(IX) (No change.)

(iv) Course management. An approved adult driver education course shall be presented in compliance with the following guidelines.

(I) The instructor shall be physically present in appropriate proximity to the student for the type of instruction being given. A licensed supervising driver education teacher, licensed driver education teacher or school owner [The teacher of record] shall sign all completed classroom instruction records [provided by a supervising teaching assistant-full or teaching assistant-full].

(II) A copy of the current edition of the "Texas Driver Handbook" or study material that is equivalent shall be furnished to each student enrolled in the course.

(III) Self-study assignments, videos, tape recordings, guest speakers, and other instructional media that present topics required in the course shall not exceed 150 [120] minutes of instruction. PowerPoint slides or equivalent software solutions are considered to be approved teaching aids and does not fall into the restricted media aids.

(IV) - (VIII) (No change.)

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

(X) (No change.)

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

(i) - (iii) (No change.)

(iv) Course content. The online course must meet the requirements of the course identified in §1001.1015 of the Code.

(I) Course topics. The course requirements described in subparagraph (A)(iii) shall be met.

(II) Length of course. The course must be six [6] 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, shall be dedicated to break periods or to the topics included in the minimum course content. All break periods shall be provided after instruction has begun and before the comprehensive examination and summation.

(III) - (V) (No change.)

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

(-a-) (No change.)

(-b-) Multimedia presentations. For multimedia presentation, the online course shall calculate the total amount of time it takes for all multimedia presentations to play, not to exceed 150 [120] minutes.

(-c-) (No change.)

(-d-) Time allotment for questions. The online course may allocate up to 90 [60] seconds for questions presented over the Internet and 90 [60] seconds for questions presented by telephone.

(-e-) - (-f-) (No change.)

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

(I) School-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 [60] seconds.

(-b-) (No change.)

(-c-) Exclusion from the course. The online course shall exclude the student from the course after the student has incorrectly answered more than 30 percent [30%] of the personal validation questions.

(-d-) (No change.)

(II) Third party data method. The online course shall 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 [sixty (60)] seconds.

(-b-) (No change.)

(-c-) Exclusion from the course. The online course shall exclude the student from the course after the student has incorrectly answered more than 30 percent [30%] of the personal validation questions.

(-d-) (No change.)

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

(I) (No change.)

(II) Testing the student's participation in multimedia presentations. The online course shall ask at least one [1] course validation question following each multimedia clip of more than 180 [sixty (60)] seconds.

(-a-) Test bank. For each multimedia presentation that exceeds 180 [sixty (60)] seconds, the online course shall have a test bank of at least four (4) questions.

(-b-) - (-d-) (No change.)

(III) - (IV) (No change.)

(vii) Retest the student. If the student misses more than 30 percent [30%] of the questions asked on an examination, the online course shall 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 shall fail the course.

(viii) - (xi) (No change.)

(xii) Access to instructor and technical assistance. The school must establish hours that the student may access the instructor and for technical assistance. With the exception of circumstances beyond the control of the school, the student shall have access to the instructor and technical assistance during the specified hours.

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

(I) - (III) (No change.)

(IV) Course identification. All online courses shall display the driver education school 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. [Domain names. Each school offering an online course must offer that online course from a single domain. The online course may accept students that are redirected to the online course domain, as long as the school license number appears on the source that redirects the student to the online course domain. The student must be redirected to a webpage that clearly identifies the licensed school offering the online course before the student begins the registration process, supplies any information, or pays for the course.]

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

(3) - (4) (No change.)

(c) This subsection contains requirements for driver education instructor development courses. For each course, the following curriculum documents and materials are required to be submitted as part of the application for approval. If the course meets the minimum requirements set forth in this subchapter, the division may grant an approval. Schools desiring to provide driver education instructor development courses shall provide an application for approval that shall be in compliance with this section.

(1) (No change.)

(2) Prior to enrolling a student in a driver education instructor development course, the school owner or representative must obtain proof that the student has a high school diploma or equivalent. A copy of the evidence must be placed on file with the school. Further, the school shall obtain and evaluate a current official driving record from the student prior to enrollment. The individual must not have accumulated six [6] or more penalty points on a driving record during the preceding 36-month period. The school must use the standards for assessing penalty points for convictions of traffic law violations and accident involvements established under Texas Transportation Code, Chapter 708, Subchapter B.

(3) Instruction records shall be maintained by the school for each instructor trainee and shall be available for inspection by authorized division representatives at any time during the training period and/or for license investigation purposes. The instruction record shall include the trainee's name, address, driver's license number, and other pertinent data; name and instructor license number of the person conducting the training; and dates of instruction, lesson time, and subject taught during each instruction period. Each record shall also include grades or other means of indicating the trainee's aptitude and development. Upon satisfactory completion of the training course, the supervising driver education teacher or supervising teaching assistant-full conducting the training will certify one copy of the instruction record for attachment to the trainee's application for licensing, and one copy will be maintained in a permanent file at the school.

(4) (No change.)

(5) A properly licensed supervising driver education teacher or supervising teaching assistant-full shall teach the six-semester-hour [6-semester-hour], nine-semester-hour [9-semester-hour], and supervising instructor development courses. The supervising teacher may allow a driver education teacher, teaching assistant-full, or teaching assistant to provide training under the direction of the supervising teacher in areas appropriate for their level of certification and/or licensure. The supervising driver education teacher or supervising teaching assistant-full is responsible for certifying all instruction conducted by the driver education teacher, teaching assistant-full, or teaching assistant, including independent study and research assignments, which shall not exceed 25 percent [25%] of the total training program time.

(d) - (i) (No change.)

§84.501. Driver Education Course Alternative Method of Instruction

(a) (No change.)

(b) Course content. The AMI must deliver the same topics, sequence, and course content as the school's approved traditional driver education course.

(1)- (3) (No change.)

(4) Student breaks. The AMI is allowed five [5] minutes of break per instructional hour for all phases, for a total of 160 minutes of break time. No more than ten minutes of break time may be accumulated for each two hours of instruction.

(5) Minimum content. The AMI shall present sufficient instructional content so that it would take a student a minimum of 32 hours (1,920 minutes) to complete the course. A course that demonstrates that it contains 1,760 minutes of instructional content shall mandate that students take 160 minutes of break time or provide additional educational content for a total of 1,920 minutes (32 hours). In order to demonstrate that the AMI contains sufficient content, the AMI shall use the following methods.

(A) - (C) (No change.)

(D) Examinations. The school owner may allocate up to 90 [60] seconds for questions presented over the Internet and 90 [30] seconds for questions presented by telephone.

(E) - (F) (No change.)

(6) - (7) (No change.)

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

(1) School initiated method. Upon approval by the department, the AMI may use a method that includes testing and security measures that are at least as secure as the methods available in the traditional classroom setting.

(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 shall appear in each major unit or section, not including the final examination.

(C) Exclusion from the course. The AMI shall 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 school 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 shall 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 shall ask a minimum of sixty (60) personal validation questions randomly throughout the course from a bank of at least 200 questions drawn from a third party data source.

(A) Time to respond. The student must correctly answer the personal validation question within 90 [sixty (60)] seconds for questions presented over the Internet and 90 [30] seconds for questions presented by telephone.

(B) (No change.)

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

(D) (No change.)

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

(1) (No change.)

(2) Testing the student's participation in multimedia presentations. The AMI shall ask at least 1 course validation question following each multimedia clip of more than 180 [sixty (60)] seconds.

(A) Test bank. For each multimedia presentation that exceeds 180 [sixty (60)] seconds, the AMI shall have a test bank of at least 4 questions.

(B) - (D) (No change.)

(3) Mastery of course content. The AMI shall 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 shall include at least:

(i) 20 questions [from] each from [of] modules 1, 8, and 12 listed in the program of organized instruction for driver education and traffic safety; and

(ii) 10 questions [from] each from [of] the remaining modules.

(B) - (C) (No change.)

(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 [30%] of the questions asked on a module examination, the AMI shall 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 shall again test the student's mastery of the material. The AMI shall 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 [30%] of the questions asked on the final examination, the AMI shall 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 shall fail the course.

(e) (No change.)

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

(1) Course identification. All AMI courses shall display the driver education school 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. [An AMI may allow the student re-entry into the course by username and password authentication or other means that are equally secure.]

(2) A driver education school offering an AMI course may accept students redirected from an AMI website as long as the student is redirected to the webpage that clearly identifies the name and license number of the school offering the AMI course. This information shall be visible before and during the student registration and course payment processes. [The student shall be provided orientation training to ensure easy and logical navigation through the course. The student shall be allowed to freely browse previously completed material.]

[(3) The video and audio shall be clear and, when applicable, the video and audio shall be synchronized.]

[(4) If the AMI presents transcripts of a video presentation, the transcript shall be delivered concurrently with the video stream so that the transcript cannot be displayed if the video does not display on the student's computer.]

[(5) Each school offering an AMI must offer that AMI from a single domain. The AMI may accept students that are redirected to the AMI's domain, as long as the school license number appears on the source that redirects the student to the AMI domain. The student must be redirected to a webpage that clearly identifies the licensed school offering the AMI before the student begins the registration process, supplies any information, or pays for the course.]

[(6) Hardware, web browser, and software requirements must be specified.]

[(7) Prerequisite skills in the use of technology must be identified.]

[(8) Appropriate content-specific tools and software must be used.]

[(9) Universal design principles that ensure access for all students must be used.]

[(10) Online textbooks and other instructional materials used in an AMI must meet state standards.]

[(11) The school must offer the course instructor, school director, and school owner assistance with technical support and course management.]

(g) Additional requirements for video courses.

(1) (No change.)

(2) Video requirement. The video course shall include between 60 and 640 minutes of video that is relevant to the required topics such as video produced by other entities for training purposes, including public safety announcements and B roll footage. The remainder of the 1,760 minutes of required instruction shall be video material that is relevant to required course instruction content.

(A) A video AMI shall ask, at a minimum, at least one [1] course validation question for each multimedia clip of more than 180 [sixty (60)] seconds.

(B) A video AMI shall devise and submit for approval a method for ensuring that a student correctly answers questions concerning the multimedia clips of more than 180 [sixty (60)] seconds.

(h) - (k) (No change.)

(l) Access to instructor and technical assistance. The school must establish hours that the student may access the instructor and for technical assistance. With the exception of circumstances beyond the control of the school, the student shall have access to the instructor and technical assistance during the specified hours.

(m) - (n) (No change.)

§84.502. Driving Safety Courses of Instruction

(a) This section contains requirements for driving safety, continuing education, and instructor development courses. For each course, the following curriculum documents and materials are required to be submitted as part of the application for approval. Except as provided by §84.504, (relating to Driving Safety Course Alternative Delivery Method), all course content shall be delivered under the direct observation of a licensed instructor. Courses of instruction shall not be approved that contain language that a reasonable and prudent individual would consider inappropriate. Any changes and updates to a course shall be submitted by the course provider and approved prior to being offered. Approval will be revoked for any course that meets the definition of inactive as defined in §84.2(16) of this chapter.

(1) Driving safety courses.

(A) (No change.)

(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 course owner shall provide written declaration affirming that the translation of the course materials is true and correct in the proposed language presented. Such materials are subject to the approval of the department prior to its use in a driver safety course [a copy of the student verification of course completion document and/or enrollment contract, student instructional materials, final examination, and evaluation in the proposed language]. To be approved, each course owner shall submit as part of the application a course content guide that includes the following:

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

(ii) a statement of policies and administrative provisions related to instructor conduct, standards, and performance;

(iii) a statement of policies and administrative provisions related to student progress, attendance, makeup, and conduct. The policies and administrative provisions shall be used by each school that offers the course and include the following requirements:

(I) - (V) (No change.)

(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 shall not be used in excess of 165 [150] 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) - (x) (No change.)

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

(i) - (vii) (No change.)

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

(ix) - (x) (No change.)

(D) Minimum course content. Driving Safety course content, including video and multimedia, shall include current statistical data, references to law, driving procedures, and traffic safety methodology. A driving safety course shall include, as a minimum, materials adequate to assure the student masters the following.

(i) (No change.)

(ii) The traffic safety problem--minimum of ten [15] minutes (instructional objectives--to develop an understanding of the nature of the traffic safety problem and to instill in each student a sense of responsibility for its solution). Instruction shall address the following topics:

(I) identification of the overall traffic problem in the United States, Texas, and the locale where the course is being taught;

(II) death, injuries, and economic losses resulting from motor vehicle crashes in Texas; and

(III) the top five contributing factors of motor vehicle crashes in Texas as identified by the Texas Department of Transportation.

(iii) Factors influencing driver performance--minimum of ten [20] minutes (instructional objective--to identify the characteristics and behaviors of drivers and how they affect driving performance). Instruction shall address the following topics:

(I) attitudes, habits, feelings, and emotions (aggressive driving, etc.);

(II) alcohol and other drugs;

(III) physical condition (drowsy driving, etc.);

(IV) knowledge of driving laws and procedures; and

(V) understanding the driving task.

(iv) Traffic laws and procedures--minimum of 50 [30] minutes (instructional objectives--to identify the requirements of, and the rationale for, applicable driving laws and procedures and to influence drivers to comply with the laws on a voluntary basis). Instruction shall address the following topics:

(I) - (XVI) (No change.)

(v) Special skills for difficult driving environments--minimum of 15 [20] minutes (instructional objectives--to identify how special conditions affect driver and vehicle performance and identify techniques for management of these conditions). Instruction shall address the following topics:

(I) inclement weather;

(II) traffic congestion;

(III) city, urban, rural, and expressway environments;

(IV) reduced visibility conditions--hills, fog, curves, light conditions (darkness, glare, etc.), etc.; and

(V) roadway conditions.

(vi) Physical forces that influence driver control--minimum of ten [15] minutes (instructional objective--to identify the physical forces that affect driver control and vehicle performance). Instruction shall address the following topics:

(I) speed control (acceleration, deceleration, etc.);

(II) traction (friction, hydroplaning, stopping distances, centrifugal force, etc.); and

(III) force of impact (momentum, kinetic energy, inertia, etc.).

(vii) (No change.)

(viii) Defensive driving strategies--minimum of 30 [40] minutes (instructional objective--to identify the concepts of defensive driving and demonstrate how they can be employed by drivers to reduce the likelihood of crashes, deaths, injuries, and economic losses). Instruction shall address the following topics:

(I) - (X) (No change.)

(ix) Driving emergencies--minimum of 20 [40] minutes (instructional objective--to identify common driving emergencies and their countermeasures). Instruction shall address the following topics:

(I) collision traps (front, rear, and sides);

(II) off-road recovery, paths of least resistance; and

(III) mechanical malfunctions (tires, brakes, steering, power, lights, etc.).

(x) - (xi) (No change.)

(xii) The remaining 65 minutes of instruction shall be allocated to the topics included in the minimum course content or to additional driving safety topics that satisfy the educational objectives of the course [Comprehensive examination--minimum of five minutes (this shall be the last unit of instruction)].

(xiii) Comprehensive examination--minimum of five minutes (this shall be the last unit of instruction). [The remaining 30 minutes of instruction shall be allocated to the topics included in the minimum course content or to additional driving safety topics that satisfy the educational objectives of the course.]

(E) (No change.)

(F) 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 and the instructor training course. The comprehensive examination for each driving safety course must include at least two [2] questions from the required units set forth in subparagraph (D)(ii)-(xi), 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. Instructors shall not assist students in answering the final examination questions, but may facilitate alternative testing. Instructors may not be certified or students given credit for the driving safety course unless they score 70 percent [70%] or more on the final test. The course content guide shall 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 [70%] on the final examination. The applicant 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.

(G) - (H) (No change.)

(2) Instructor development courses.

(A) - (C) (No change.)

(D) Driving safety instructor development courses including the practical-teaching portion of the instructor development course shall [may] be offered at approved classroom facilities of a licensed school [which is approved to offer the driving safety course being taught]. A [properly] licensed instructor trainer shall present the course.

(E) (No change.)

[(F) The driving safety course provider shall submit dates of instructor development course offerings for the 16-hour training that covers techniques of instruction and in-depth familiarization with the material contained in the driving safety curriculum, locations, class schedules, and scheduled instructor trainers' names and license numbers before the courses are offered. The 12-hour practical-teaching portion of the instructor development course shall be provided at properly licensed schools or classrooms approved to offer the course being provided.]

(3) (No change.) Continuing education courses.

(b) - (e) (No change.)

§84.503. Specialized Driving Safety Courses of Instruction

(a) This section contains requirements for specialized driving safety courses, instructor development courses, and continuing education. For each course, the following curriculum documents and materials are required to be submitted as part of the application for approval. Except as provided by §84.504 of this title (relating to Driving Safety Course Alternative Delivery Method), all course content shall be delivered under the direct observation of a specialized driving safety licensed instructor. Courses of instruction shall not be approved that contain language that a reasonable and prudent individual would consider inappropriate. Any changes and updates to a course shall be submitted and approved prior to being offered. Approval will be revoked for any course that meets the definition of inactive as defined in §84.2(14).

(1) Specialized driving safety courses.

(A) (No change.)

(B) Specialized 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 course owner shall provide a written declaration affirming that the translation of the course materials is true and correct in the proposed language presented. Such materials are subject to the approval of the department prior to its use in a specialized driver safety course [copy of the student verification of course completion document and/or contract, student instructional materials, final examination, and evaluation in the proposed language]. To be approved, each course owner shall submit as part of the application a course content guide that includes the following:

(i) - (x) (No change.)

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

(i) - (vii) (No change.)

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

(ix) - (x) (No change.)

(D) Minimum course content. A specialized driving safety course shall include, as a minimum, four hours of instruction that encourages the use of child passenger safety seat systems and the wearing of seat belts, etc., and materials adequate to assure the student masters the following.

(i) - (ii) (No change.)

(iii) Factors influencing driver performance--minimum of 25 minutes (instructional objective--to identify the characteristics and behaviors of drivers and how they affect driving performance). Instruction shall address the following topics:

(I) - (V) (No change.)

(iv) Physical forces that influence driver control--minimum of ten minutes (instructional objective--to identify the physical forces that affect driver control and vehicle performance). Instruction shall address the following topics:

(I) - (III) (No change.)

(v) Perceptual skills needed for driving--minimum of ten minutes (instructional objective--to identify the factors of perception and how the factors affect driver performance). Instruction shall address the following topics:

(I) - (VI) (No change.)

(vi) Occupant protection equipment--minimum of 35 [25] minutes (instructional objective--to identify the improvements and technological advances in automotive design and construction). Instruction shall address the following topics:

(I) - (IX) (No change.)

(vii) Occupant restraint systems--minimum of 60 [40] minutes (instructional objective--to identify the rationale for having and using occupant restraints and protective equipment). Instruction shall address the following topics:

(I) - (V) (No change.)

(viii) (No change.)

(ix) The remaining ten minutes of instruction shall be allocated to the topics included in the minimum course content or to additional occupant protection topics that satisfy the educational objectives of the course [Comprehensive examination--minimum of five minutes (this shall be the last unit of instruction)].

(x) Comprehensive examination--minimum of five minutes (this shall be the last unit of instruction) [The remaining 30 minutes of instruction shall be allocated to the topics included in the minimum course content or to additional occupant protection topics that satisfy the educational objectives of the course].

(E) (No change.)

(F) 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 specialized driving safety course and the instructor training course. The comprehensive examination for each specialized driving safety course must include at least two questions from each unit, excluding the course introduction and comprehensive examination units. The final examination questions shall be of such difficulty that the answer may not easily be determined without completing the actual instruction. Instructors shall not assist students in answering the final examination questions unless alternative testing is required. Instructors may not be certified or students given credit for the specialized driving safety course unless they score 70 percent [70%] or more on the final test. The course content guide shall 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 [70%] on the final examination. The applicant 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.

(G) (No change.)

(2) - (3) (No change.)

(b) - (e) (No change.)

§84.504. Driving Safety Course Alternative Delivery Method

(a) (No change.)

(b) Course content. The ADM must deliver the same topics and course content as the approved course.

(1) - (4) (No change.)

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

(A) - (C) (No change.)

(D) Examinations. The course provider may allocate up to 90 seconds for questions presented over the Internet and 90 [30] seconds for questions presented by telephone.

(E) - (F) (No change.)

(6) (No change.)

(c) Personal validation. The ADM shall maintain a system to validate the identity of the person taking the course. The personal validation system shall incorporate the following requirements.

(1) Personal validation questions. The ADM shall ask a minimum of ten [10] personal validation questions throughout the course.

(2) (No change.)

(3) Time to respond. The student must correctly answer the personal validation question within 90 seconds for questions presented over the Internet and 90 [30] seconds for questions presented by telephone.

(4) - (8) (No change.)

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

(1) (No change.)

(2) Testing the student's participation in multimedia presentations. The ADM shall ask at least 1 course validation question following each multimedia clip of more than 180 [60] seconds.

(A) Test bank. For each multimedia presentation that exceeds 180 [60] seconds, the ADM shall have a test bank of at least 4 questions.

(B) - (D) (No change.)

(3) (No change.)

(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 [30%] of the questions asked on an examination, the ADM shall require that the student take the unit again. All timers shall 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 shall again test the student's mastery of the material. The ADM shall 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 [30%] of the questions asked on an examination, the ADM shall 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 shall fail the course.

(e) (No change.)

(f) Additional requirements for ADM [Internet] courses. Courses delivered via the Internet shall also comply with the following requirements.

(1) Course identification. All ADM courses shall display the driving safety school name, course provider name and license numbers for each 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 [Re-entry into the course. An ADM 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) driving safety school offering an ADM course may accept students redirected from an ADM website as long as the student is redirected to the webpage that clearly identifies the names and license numbers of the school and course provider offering the ADM. This information shall be visible before and during the student registration and course payment processes [Navigation. The student shall be able to logically navigate through the course. The student shall be allowed to freely browse previously completed material].

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

[(4) Video transcripts. If the ADM presents transcripts of a video presentation, the transcript shall be delivered concurrently with the video stream so that the transcript cannot be displayed if the video does not display on the student's computer.]

[(5) Domain names. Each school offering an ADM must offer that ADM from a single domain. The ADM may accept students that are redirected to the ADM's domain, as long as the student is redirected to a webpage that clearly identifies the course provider and school offering the ADM before the student begins the registration process, supplies any information, or pays for the course. Subdomains of the ADM's single domain may also accept students as long as the subdomain is registered to and hosted by the ADM and clearly identifies the official course provider, school name, and department registration number.]

[(6) Course identification. All ADMs presented over the Internet shall display the school name and school number assigned by the department as well as the course provider name and course provider number assigned by the department in the top left-hand portion on the entity's homepage and the registration page used by the student to pay any monies, provide any personal information, and enroll.]

(g) Additional requirements for video courses.

(1) (No change.)

(2) Video requirement. In order to meet the video requirement of §84.502(a)(1)(B)(v), the video course shall include between 60 and 150 minutes of video that is relevant to the required topics such as video produced by other entities for training purposes, including public safety announcements and B roll footage. The remainder of the 300 minutes of required instruction shall be video material that is relevant to the [1 of the 11] required topics and produced [by the ADM owner, course owner, or course provider] specifically for the ADM.

(A) A video ADM shall ask, at a minimum, at least 1 course validation question for each multimedia clip of more than 180 [60] seconds at the end of each major segment (chapter) of the ADM.

(B) A video ADM shall devise and submit for approval a method for ensuring that a student correctly answers questions concerning the multimedia clips of more than 180 [60] seconds presented during the ADM.

(h) - (j) (No change.)

(k) Renewal of ADM approval. The ADM approval must be renewed every two years. The renewal document due date shall be March 1 of every even numbered calendar year.

(1) - (2) (No change.)

(3) The department [commissioner] may alter the due date of the renewal documents by giving the approved ADM six months' notice. The department [commissioner] may alter the due date in order to ensure that the ADM is updated six months after the effective date of new state laws passed by the Texas Legislature.

(l) Access to instructor and technical assistance. The school must establish hours that the student must access the instructor and for technical assistance. With the exception of circumstances beyond the control of the school, the student shall have [adequate] access [(on the average, within two minutes)] to the [both a licensed] instructor and [telephonic] technical assistance during the specified hours [(help desk) throughout the course such that the flow of instructional information is not delayed].

§84.505. Drug and Alcohol Driving Awareness Programs of Instruction

(a) This section contains requirements for drug and alcohol driving awareness programs and instructor development programs. For each program, the following curriculum documents and materials are required to be submitted as part of the application for approval. All program content shall be delivered under the direct observation of a licensed instructor. Programs of instruction shall not be approved which contain language that a reasonable person would consider inappropriate. Any changes and updates to a program shall be submitted and approved prior to being offered.

(1) Drug and alcohol driving awareness programs.

(A) (No change.)

(B) Drug and alcohol driving awareness program content guides. A program content guide is a description of the content of the program and the techniques of instruction that will be used to present the program. For programs offered in languages other than English, the course provider shall provide a written declaration affirming that the translation of the course materials is true and correct in the proposed language presented. Such materials are subject to the approval of the department prior to its use in a specialized driver safety course. [, along with the documentation specified in clauses (i)-(ix), a copy of the student verification of course completion document and/or enrollment contract, student instructional materials, and post-program exam in the proposed language accompanied by a statement from a translator with current credentials from the American Translators Association or the National Association of Judicial Interpreters and Translators that the materials are the same in both English and the other language. In lieu of the credentials specified in this subparagraph, a translator's credentials shall be presented to the department for approval with the final determination based solely on the department's interpretation.] To be approved, each course provider shall submit as part of the application a program content guide that includes the following:

(i) - (iv) (No change.)

(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 program; and the furniture deemed necessary to accommodate the students in the program, such as tables, chairs, and other furnishings. The program shall include a minimum of 60 minutes of videos, including audio; however, the videos and other relevant instructional resources cannot be used in excess of 180 [150] 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) - (ix) (No change.)

(C) Program and time management. Approved drug and alcohol driving awareness programs shall be presented in compliance with the following guidelines.

(i) - (ii) (No change.)

(iii) 60 [Sixty] minutes of time, exclusive of the 300 minutes of instruction, shall be dedicated to break periods or to the topics included in the minimum program content. All break periods shall be provided after instruction has begun and before the post-program exam.

(iv) - (vi) (No change.)

(vii) Students shall not receive a certificate of program completion unless that student received a grade of at least 70 percent [70%] on the post-program exam.

(viii) - (x) (No change.)

(D) - (E) (No change.)

(F) Exams. Each course provider shall submit for approval, as part of the application, pre- and post-program exams designed to measure the knowledge of students at the completion of the drug and alcohol driving awareness program. The post-program exam for each drug and alcohol driving awareness program must contain at least 20 questions. A minimum of two [2] questions shall be drawn from the required units set forth in subparagraph (D)(iii)-(vii) of this paragraph. The post-program final exam questions shall be of such difficulty that the answer may not easily be determined without completing the actual instruction. Instructors shall not assist students in answering the post-program exam questions, but may facilitate alternative testing. Instructors may not certify or give students credit for the drug and alcohol driving awareness program unless they score 70 percent [70%] or more on the post-program exam. The program content guide shall 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 [70%] on the post-program exam. The course 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. Exam questions may be short answer, multiple choice, essay, or a combination of these forms.

(2) (No change.)

(b) - (e) (No change.)

§84.506. Drug and Alcohol Driving Awareness Programs Alternative Delivery Method

(a) (No change.)

(b) Program content. The ADM must deliver the same topics and program content as the approved course.

(1) - (4) (No change.)

(5) Minimum content. The ADM shall present sufficient content so that it would take a student 300 minutes to complete the program. In order to demonstrate that the ADM contains sufficient content, the ADM shall use the following methods.

(A) - (C) (No change.)

(D) Exams. The course provider may allocate up to 90 [45] seconds for questions presented over the Internet and 90 [30] seconds for questions presented by telephone.

(E) - (F) (No change.)

(6) (No change.)

(c) Personal validation. The ADM shall maintain a system to validate the identity of the person taking the program. The personal validation system shall incorporate the following requirements.

(1) Personal validation questions. The ADM shall ask a minimum of ten [10] personal validation questions throughout the program.

(2) (No change.)

(3) Time to respond. The student must correctly answer the personal validation question within 90 [45] seconds for questions presented over the Internet and 90 [30] seconds for questions presented by telephone.

(4) - (8) (No change.)

(d) Program validation. The ADM shall incorporate a program content validation process that verifies student participation and comprehension of program material, including the following.

(1) (No change.)

(2) Testing the student's participation in multimedia presentations. The ADM shall ask at least one program validation question following each multimedia clip of more than 180 [60] seconds.

(A) Test bank. For each multimedia presentation that exceeds 180 [60] seconds, the ADM shall have a test bank of at least four questions.

(B) - (D) (No change.)

(3) (No change.)

(e) (No change.)

(f) Additional requirements for ADMS [Internet] programs. Programs delivered via the Internet shall also comply with the following requirements.

(1) Course identification. All ADM courses shall display the drug and alcohol driving awareness school name, course provider name and license numbers for each 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 [Re-entry into the program. An ADM may allow the student re-entry into the program by username and password authentication or other means that are as secure as username and password authentication].

(2) drug and alcohol driving awareness school offering an ADM course may accept students redirected from an ADM website as long as the student is redirected to the webpage that clearly identifies the names and license numbers of the school and course provider offering the ADM. This information shall be visible before and during the student registration and course payment processes [Navigation. The student shall be able to logically navigate through the program. The student shall be allowed to freely browse previously completed material].

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

[(4) Video transcripts. If the ADM presents transcripts of a video presentation, the transcript shall be delivered concurrently with the video stream so that the transcript cannot be displayed if the video does not display on the student's computer.]

(3) [(5)] Domain names. Each school offering an ADM must offer that ADM from a single domain. The ADM may accept students that are redirected to the ADM's domain, as long as the student is redirected to a web page that clearly identifies the course provider and school offering the ADM before the student begins the registration process, supplies any information, or pays for the course. Subdomains of the ADM's single domain may also accept students as long as the subdomain is registered to and hosted by the ADM and clearly identifies the official course provider, school name, and the department registration number.

(4) [(6)] ADM identification. All ADMs presented over the Internet shall display the school name and school number assigned by the department as well as the course provider name and course provider number assigned by the department on the homepage and the registration page of the entity to which the student pays any monies, provides any personal information, and in which the student enrolls.

(g) Additional requirements for video programs.

(1) (No change.)

(2) Video requirement. In order to meet the video requirement of §84.505(a)(1)(B)(v), the video course shall include between 60 and 150 minutes of video that is relevant to the required topics such as video produced by other entities for training purposes, including public safety announcements and B roll footage. The remainder of the 300 minutes of required instruction shall be video material that is relevant to one of the five substantive required topics and produced by the ADM owner, course owner, or course provider specifically for the ADM.

(A) A video ADM shall ask, at a minimum, at least one program validation question for each multimedia clip of more than 180 [60] seconds at the end of each major segment (chapter) of the ADM.

(B) A video ADM shall devise and submit for approval a method for ensuring that a student correctly answers questions concerning the multimedia clips of more than 180 [60] seconds presented during the ADM.

(h) - (j) (No change.)

(k) Renewal of ADM approval. The ADM approval must be renewed every two years. The renewal document due date shall be March 1, 2012, and every two years thereafter.

(1) - (2) (No change.)

(3) The department [commissioner] may alter the due date of the renewal documents by giving the approved ADM six months' notice. The department [commissioner] may alter the due date in order to ensure that the ADM is updated six months after the effective date of new state laws passed by the Texas Legislature.

(l) Access to instructor and technical assistance. With the exception of circumstances beyond the control of the school, the student shall have adequate access [(on the average, within two minutes)] to both a licensed instructor and [telephonic] technical assistance (help desk) throughout the program such that the flow of instructional information is not delayed.

§84.507. Driving Safety Course for Drivers Younger than 25 Years of Age.

(a) This section contains requirements for driving safety, continuing education, and instructor development courses. For each course, the following curriculum documents and materials are required to be submitted as part of the application for approval. All course content shall be delivered under the direct observation of a licensed instructor. Alternative Delivery Methods will not be approved for this type of driving safety course. Courses of instruction shall not be approved that contain language that a reasonable and prudent individual would consider inappropriate. Any changes and updates to a course shall be submitted by the course provider and approved prior to being offered. Approval will be revoked for any course that meets the definition of inactive as defined in §84.2(16).

(1) Driving safety courses.

(A) Educational objectives. The educational objectives of driving safety courses shall include, but not be limited to promoting respect for and encouraging observance of traffic laws and traffic safety responsibilities of drivers and citizens of this state; implementation of law enforcement procedures for traffic stops in accordance with the provisions of the Community Safety Education Act (Senate Bill 30, 85th Regular Legislature); the proper use of child passenger safety seat systems; increasing awareness of the dangers of driving under the influence of alcohol and drugs, reducing traffic violations; reducing traffic-related injuries and deaths for drivers younger than 25 years of age, 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 course owner shall provide a copy of the student verification of course completion document and/or enrollment contract, student instructional materials, final examination, and evaluation in the proposed language. To be approved, each course owner shall submit as part of the application a course content guide that includes the following:

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

(ii) a statement of policies and administrative provisions related to instructor conduct, standards, and performance;

(iii) a statement of policies and administrative provisions related to student progress, attendance, makeup, and conduct. The policies and administrative provisions shall be used by each school that offers the course and include the following requirements:

(I) progress standards that meet the requirements of subparagraph (F) Examinations;

(II) appropriate standards to ascertain the attendance of students. All schools approved to use the course must use the same standards for documenting attendance to include the hours scheduled each day and each hour not attended;

(III) 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;

(IV) any period of absence for any portion of instruction will require that the student complete that portion of instruction. All makeup lessons must be equivalent in length and content to the instruction missed and taught by a licensed instructor; and

(V) 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 shall not be used in excess of 120 minutes of the 240 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. The division may make exceptions to this requirement on an individual basis;

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

(viii) instructional resources for each unit;

(ix) techniques for evaluating the comprehension level of the students relative to the instructional unit. If oral or written questions are to be used to measure student comprehension levels, they shall be included in the course guide. The evaluative technique may be used throughout the unit or at the end; and

(x) a completed form cross-referencing the instructional units to the topics identified in subparagraph (D). A form to cross-reference the instructional units to the required topics and topics unique to the course will be provided by the division.

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

(i) The course shall be a four-hour (240 minutes) live, behavioral-based interactive course that focuses on issues specific to drivers younger than 25 years of age and shall teach the driver that poor behavioral choices made behind the wheel often result in unintended consequences and shall help the driver understand the responsibility placed upon each driver to conform his or her behavior and conduct for the benefit of the driver, other drivers and pedestrians .

(ii) All break periods shall be provided after instruction has begun and before the comprehensive examination and summation.

(iii) Administrative procedures such as enrollment shall not be included in the 240 minutes of the course.

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

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

(vi) 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 shall have no more than 30 students.

(vii) The driving safety instructor or school shall make a material effort to establish the identity of the student.

(D) Minimum course content. Driving Safety course content, including video and multimedia, shall include current statistical data, references to law, driving procedures, and traffic safety methodology. A driving safety course shall include, as a minimum, materials adequate to assure the student masters the following.

(i) Session I – minimum of 60 minutes (instructional objective -- to introduce participants to the course and have learners recognize that young drivers are particularly vulnerable to being injured or killed in a vehicle crash and to recognize that they control their own driving behaviors). Instruction shall address the following topics:

(I) Course introduction (instructional objective--to orient students to the class). Instruction shall address the following topics:

(-a-) purpose and benefits of the course;

(-b-) course, emergency procedures and facilities orientation;

(-c-) requirements for receiving course credit; and

(-d-) student course evaluation procedures.

(II) Statistics related to young drivers – (instructional objective -- to review key statistics about young drivers). Instruction shall address the following topics:

(-a-) high rate of motor vehicle accidents and fatalities for drivers younger than 25 years of age;

(-b-) speed related crashed involving young drivers; and

(-c-) occupant fatalities involving safety belts and young drivers.

(III) Factors influencing driver performance – (instructional objective -- to identify the characteristics and behaviors of drivers and how they affect driving performance). Instruction shall address the following topics:

(-a-) every behavior is a choice;

(-b-) decision making;

(-c-) peer pressure; and

(-d-) responsible and respectful choices.

(IV) Preventable collisions – (instructional objective -- to instill the importance of driving defensively). Instruction shall address the following topics:

(-a-) define preventable collision; and

(-b-) importance of driving defensively.

(ii) Session II – minimum of 65 minutes (instructional objective -- to review state driving laws to demonstrate that he learner knows the laws and to demonstrate what a driver can control when behind the wheel). Instruction shall address the following topics:

(I) The traffic safety problem (instructional objectives -- to develop an understanding of the nature of the traffic safety problem and to instill in each student a sense of responsibility for its solution). Instruction shall address the following topics:

(-a-) identification of the overall traffic problem in the United States, Texas, and the locale where the course is being taught;

(-b-) death and injuries resulting from motor vehicle crashes in Texas by person younger than 25 years of age;

(-c-) the top five contributing factors of motor vehicle crashes in Texas as identified by the Texas Department of Transportation; and

(-d-) state laws.

(II) Factors influencing driver performance (instructional objective--to identify what actions the student can control when they are behind the wheel and how their actions affect driving performance). Instruction shall address the following topics:

(-a-) speeding, tailgating, safety belts, driving under the influence, driving aggressively, distracted driving, running red lights, failing to yield;

(-b-) behavior, attitudes, feelings, and emotions;

(-c-) knowledge of state laws; and

(-d-) vehicle safety features.

(III) Occupant restraints and protective equipment – (instructional objective -- to instill and reinforce the concept that passenger safety is a key responsibility of every driver). Instruction shall address the following topics:

(-a-) legal aspects of passenger safety;

(-b-) driver responsibility;

(-c-) three stages of a collision;

(-d-) risks associated with driving without proper restraints; and

(-e-) proper use of child passenger safety seat systems.

(IV) Speed kills – (instructional objective -- to review the key facts about the dangers of speeding). Instruction shall address the following topics:

(-a-) speeding and reaction time;

(-b-) speeding and vehicle stopping distances;

(-c-) speeding as a factor in traffic fatalities involving young drivers;

(-d-) state laws on speed limit and other posted signs; and

(-e-) speeding and road conditions.

(V) Right of way – (instructional objective -- to help the participant understand that right of way refers to a vehicle movement and not a specific driver). Instruction shall address the following topics:

(-a-) navigating intersections;

(-b-) navigating railroad crossings;

(-c-) changing lanes;

(-d-) rates of traffic related injuries involving young drivers;

(-e-) delayed acceleration; and

(-f-) state laws.

(VI) Traffic stops – (Texas Community Safety Education Act).

(iii) Session III – minimum of 55 minutes (instructional objective -- to identify high-risk driving behaviors and identify alternative driving behaviors to avoid them). Instruction shall address the following topics:

(I) Following too closely (instructional objective -- to help the participant understand that high-risk behaviors and dangers when following too close). Instruction shall address the following topics:

(-a-) managing the space around your vehicle;

(-b-) describe stopping distance as it is related to perception distance, reaction distance, and braking distance; and

(-c-) following distance and tailgating.

(II) Distracted driving (instructional objective -- to help the participant understand that high-risk behaviors and dangers when driving distracted). Instruction shall address the following topics:

(-a-) manual distractions;

(-b-) visual distractions;

(-c-) cognitive distractions;

(-d-) risks associated with distracted driving;

(-e-) passenger responsibilities; and

(-f-) driver responsibilities.

(III) Impaired driving - fatigue (instructional objective -- to help the participant understand that high-risk behaviors and dangers when driving fatigued). Instruction shall address the following topics:

(-a-) what is impairment;

(-b-) recognizing and responding to high-risk behaviors and dangers when driving fatigued (example: RUA: recognize the hazard, understand the defense, act correctly; and

(-c-) impacts of fatigue on judgment, awareness and reaction times.

(IV) Impaired driving - drugs and alcohol (instructional objective -- to help the participant understand that high-risk behaviors and dangers when driving impaired by drugs and alcohol). Instruction shall address the following topics:

(-a-) state laws;

(-b-) synergistic effects;

(-c-) physiological effects;

(-d-) psychological effects;

(-e-) driving behaviors that may indicate impairment; and

(-f-) prescriptive and over-the-counter drugs.

(V) Aggressive driving - (instructional objective -- to help the participant understand that high-risk behaviors and dangers when driving aggressively). Instruction shall address the following topics:

(-a-) define aggressive driving;

(-b-) define road rage;

(-c-) state laws;

(-d-) consequences of aggressive driving and road rage;

(-e-) how to deal with aggressive drivers; and

(-f-) changing your behavior.

(VI) Outcomes of choosing unsafe driving behaviors.

(VII) Safe, responsible and respectful driving behaviors.

(iv) Session IV – minimum of 60 minutes - (instructional objective--to learn the “what if” techniques for scanning the road to identify potential hazards when driving and consider potential consequences drivers face when choosing unsafe driving behaviors). Instruction shall address the following topics:

(I) The “what if” defensive driving strategy - (instructional objective--to learn the “what if” techniques for scanning the road to identify potential hazards when driving). Instruction shall address the following topics:

(-a-) scanning techniques;

(-b-) road hazards: visibility, weather conditions, road conditions, other drivers; and

(-c-) techniques for handling road hazards.

(II) Unsafe driving behaviors – (instructional objective -- to reinforce the impact unsafe driving behaviors have on our lives). Instruction shall address the following topics:

(-a-) consequences of unsafe behaviors;

(-b-) real possibilities of poor decision making; and

(-c-) impact of poor choices on your world.

(III) Was it preventable – choices and behavior – (instructional objective -- to reinforce every behavior is a choice). Instruction shall address the following topics:

(-a-) risky behavior;

(-b-) was it preventable;

(-c-) what could they control; and

(-d-) changing your behavior.

(IV) Taking control of myself – (instructional objective -- to create a plan for behavior change). Instruction shall address the following topics:

(-a-) written plan and commitment by the student to family and friends that they will no longer engage in dangerous driving habits; and

(-b-) Course conclusion.

(v) Comprehensive examination -- (this shall be the last unit of instruction).

(E) Instructor training guides. An instructor training guide contains a description of the plan, training techniques, and curriculum to be used to train instructors to present the concepts of the approved driving safety course described in the applicant's driving safety course content guide. Each course provider shall submit as part of the application an instructor training guide that is bound or hole-punched and placed in a binder and that has a cover and a table of contents. The guide shall include the following:

(i) a statement of the philosophy and instructional goals of the training course;

(ii) a description of the plan to be followed in training instructors. The plan shall include, as a minimum, provisions for the following:

(I) instruction of the trainee in the course curriculum;

(II) training the trainee in the techniques of instruction that will be used in the course;

(III) training the trainee about administrative procedures and course provider policies;

(IV) demonstration of desirable techniques of instruction by the instructor trainer;

(V) time to be dedicated to each training lesson; and

(VI) under the observation of a licensed instructor trainer. The instructor trainee shall provide instruction for two full courses under the observation of a licensed instructor trainer. It is not mandatory that the two courses be taught as two complete courses; however, every instructional unit shall be taught twice; and

(iii) instructional units sufficient to address the provisions identified in clause (ii)(I)-(VI). The total time of the units shall contain a minimum of 16 instructional hours in addition to a minimum of eight hours of practical instruction under the observation of a licensed instructor identified in clause (ii) (VII). Each instructional unit shall include the following:

(I) the subject of the unit;

(II) the instructional objectives of the unit;

(III) time to be dedicated to the unit;

(IV) an outline of major concepts to be presented;

(V) instructional activities to be used to present the material (i.e., lecture, films, other media, small-group discussions, workbook activities, written and oral discussion questions). When small-group discussions are planned, the course guide shall identify the questions that will be assigned to the groups;

(VI) instructional resources for each unit; and

(VII) techniques for evaluating the comprehension level of the instructor trainee relative to the instructional unit. If oral or written questions are to be used to measure student comprehension levels, they shall be included in the instructor training guide. The evaluative technique may be used throughout the unit or at the end.

(F) Examinations.

(i) Student Examination. Each course provider shall submit for approval, as part of the application, two tests designed to measure the comprehension level of students at the completion of the driving safety course. The comprehensive examination for the driving safety course must include at least two questions from the required units set forth in subparagraph (D)(ii)-(iv), for a total of at least 20 questions. The comprehensive examination questions shall be of such difficulty that the answer may not easily be determined without completing the actual instruction. Instructors shall not assist students in answering the final examination questions, but may facilitate alternative testing. Students may not be given credit for the driving safety course unless they score 70 percent or more on the final test. The course content guide shall 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 applicant 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.

(ii) Instructor Trainee. Each course provider shall submit for approval, as part of the application, two tests designed to measure the comprehension level of instructor trainee of the driving safety course. The comprehensive examination may consist of one all-inclusive test or test at the conclusion of major unit. The comprehensive examination questions shall be of such difficulty that the answer may not easily be determined without completing the actual instruction. Instructors shall not assist instructor trainees in answering the comprehensive examination questions, but may facilitate alternative testing. Instructors may not be certified for the driving safety course unless they score 70 percent or more on the comprehensive examination. The course content guide shall identify alternative testing techniques to be used for instructor trainee with reading, hearing, or learning disabilities and policies for retesting students who score less than 70 percent on the comprehensive examination. The applicant 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.

(G) Requirements for authorship. The course materials shall be written by individuals or organizations with recognized experience in writing instructional materials.

(H) Renewal of course approval. The course approval must be renewed every two years. The renewal document due date shall be March 1 of every even numbered calendar year.

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

(ii) The course owner shall submit a Statement of Assurance stating that the course has been updated to reflect the latest applicable laws and statistics.

(iii) Failure to make necessary changes or to submit a Statement of Assurance documenting those changes shall be cause for revocation of the course approval.

(iv) 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 in order to ensure that the course is updated six months after the effective date of new state laws passed by the Texas Legislature.

(2) Instructor development courses.

(A) Driving safety instructors shall successfully complete 16 clock hours instruction in the approved instructor development course prior to the required minimum of eight hours of practical instruction of the driving safety course to be taught, under the supervision of a driving safety instructor trainer. Supervision is considered to have occurred when the instructor trainer is present and personally provides the 16-clock hours instruction and is present at the 8 hours of practical instruction of training for driving safety instructors.

(B) Instruction records shall be maintained by the course provider and instructor trainer for each instructor trainee and shall be available for inspection by authorized department representatives at any time. The instruction record shall include the trainee's name, address, driver's license number, and other pertinent data; the name and instructor license number of the person conducting the training; and the dates of instruction, lesson time, and subject taught during each instruction period. Each record shall also include grades or other means of indicating the trainee's aptitude and development. Upon satisfactory completion of the training course, the instructor trainer conducting the training will certify one copy of the instruction record for attachment to the trainee's application for licensing, and one copy will be maintained in a permanent file at the course provider location.

(C) All instructor trainee instruction records submitted for the department-approved instructor development course shall be signed by the course provider. Original documents shall be submitted.

(D) Driving safety instructor development courses may be offered at approved classroom facilities of a licensed school which is approved to offer the driving safety course being taught. A properly licensed instructor trainer shall present the course.

(3) Continuing education courses.

(A) Each course provider will be responsible for receiving an approval for a minimum of a two-hour continuing education course. Each instructor currently endorsed to teach the course must attend the approved continuing education course conducted by the course provider.

(B) The request for course approval shall contain the following:

(i) a description of the plan by which the course will be presented;

(ii) the subject of each unit;

(iii) the instructional objectives of each unit;

(iv) time to be dedicated to each unit;

(v) instructional resources for each unit, including names or titles of presenters and facilitators;

(vi) any information that the department mandates to promote the quality of the education being provided; and

(vii) a plan by which the course provider will monitor and ensure attendance and completion of the course by the instructions within the guidelines set forth in the course.

(C) A continuing education course may be approved if the department determines that:

(i) the course is designed to enhance the instructional skills, methods, or knowledge of the driving safety instructor;

(ii) the course pertains to subject matters that relate directly to driving safety instruction, instruction techniques, or driving safety-related subjects;

(iii) the course has been designed, planned, and organized by the course provider. The course provider shall use licensed driving safety instructors to provide instruction or other individuals with recognized experience or expertise in the area of driving safety instruction or driving safety-related subject matters. Evidence of the individuals' experience or expertise may be requested by the division;

(iv) the course contains updates or approved revisions to the driving safety course curriculum, policies or procedures, and/or any changes to the course, that are affected by changes in traffic laws or statistical data; and

(v) any technology used to present a continuing education course meets reasonable standards for determining attendance, security, and testing.

(b) Course providers shall submit documentation on behalf of schools applying for approval of additional courses after the original approval has been granted. The documents shall be designated by the division and include the appropriate fee. Courses shall be approved before soliciting students, advertising, or conducting classes. An approval for an additional course shall not be granted if the school's compliance is in question at the time of application.

(c) If an approved course is discontinued, the division shall be notified within five days of discontinuance and furnished with the names and addresses of any students who could not complete the course because it was discontinued. If the school does not make arrangements satisfactory to the students and the division for the completion of the courses, the full amount of all tuition and fees paid by the students are due and refundable. If arrangements are not made satisfactory to the students and the division, the refunds must be made no later than 30 days after the course was discontinued. Any course discontinued shall be removed from the list of approved courses.

(d) 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 commissioner shall notify the applicant, setting forth the reasons for denial in writing.

(e) The department may revoke approval of any course given to a course owner, provider, or school under any of the following circumstances.

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

(2) The school has failed to maintain the faculty, facilities, equipment, or courses of study on the basis of which approval was issued.

(3) The school and/or course provider has been found to be in violation of the Code, and/or this chapter.

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

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

§84.600. Program of Organized Instruction

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

(1) - (3) (No change.)

(4) School day credit program. This program shall consist of at least one class period per scheduled day of public school, for a semester (traditional, condensed, accelerated, block, etc.), covering the driver education classroom and in-car program of organized instruction or only the classroom program of organized instruction. This class traditionally consists of at least 56 hours of driver education classroom instruction and, if in-car instruction is provided, must include 7 hours of behind-the-wheel instruction in the presence of a certified instructor; 7 hours of in-car observation in the presence of a certified instructor; and 30 hours of behind-the-wheel instruction, including at least 10 hours of instruction that takes place at night, verified by a parent or guardian in the presence of an adult who meets the requirements of Texas Transportation Code, §521.222(d)(2). Under this plan, a student may receive one-half unit of state credit toward graduation.

(5) (No change.)

[(6) Multi-phase school day or non-school day credit program. This program shall consist of at least 40 hours of driver education classroom instruction; 4 hours of behind-the-wheel instruction in the presence of a certified instructor; 8 hours of in-car observation in the presence of a certified instructor; 12 hours of simulator instruction in the presence of a certified instructor; and 30 hours of behind-the-wheel instruction, including at least 10 hours of instruction that takes place at night, verified by a parent or guardian in the presence of an adult who meets the requirements of Texas Transportation Code, §521.222(d)(2). Under this plan, a student may receive one-half unit of state credit toward graduation.]

(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 DE-964 shall be issued to a student to obtain a learner’s permit upon completion of Module One. In-car laboratory instruction may be given only after the student obtains a learner’s permit [Driver education programs may be scheduled in block or concurrent form].

[(A) Block form is when the classroom phase is taught as a separate, complete unit before the in-car phase begins.]

[(B) Concurrent form is when the classroom and the in-car phases are taught simultaneously or on alternating days.]

(2) (No change.)

(3) Instruction shall not be scheduled before 5:00 a.m. or after 11:00 p.m. [The superintendent, college or university chief school official, or education service center (ESC) director may approve exceptions to the scheduled hours of instruction and must include acceptance in writing of the exception by the parents or legal guardians for each of the students involved.]

(4) (No change.)

(5) Self-study assignments occurring during regularly scheduled class periods shall not exceed 25 percent [25%] of the course and shall be presented to the entire class simultaneously.

(6) (No change.)

(7) Public 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.

(8) A student shall 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 shall be limited to a maximum of:

(A) - (E) (No change.)

(9) Driver education training 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 shall include the instructional objectives established by the commissioner of education, as specified in this subsection, 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; 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 an instruction permit after completing six hours of instruction as specified in Module One [if the student is taking the course in a concurrent program]. The minor and adult driver education program instructional objectives shall include:

(1) - (12) (No change.)

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

(e) (No change.)

(f) A minimum of four [4] periods of at least 55 minutes per hour of instruction in a simulator may be substituted for one [1] hour of behind-the-wheel and one [1] hour observation instruction. A minimum of two [2] periods of at least 55 minutes per hour of multicar driving range instruction may be substituted for one [1] hour of behind-the-wheel and one [1] 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) - (h) (No change.)

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

(1) - (4) (No change.)

(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 is not provided. In each case when only one student is instructed:

(A) - (C) (No change.)

(j) [Courses offered to adult persons who are 18 years of age or older shall only be offered by colleges and universities.] Colleges and universities that offer driver education to adults shall 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. Procedures for Student Certification and Transfers

(a) The department shall be responsible for providing the driver education certificate (Form DE-964 [DE-964E]) to public schools, education service centers (ESCs), and colleges or universities exempt from Chapter 1101, Education Code. [The department shall also provide the DE-964E certificate to the Texas Department of Public Safety (DPS) for driver education programs approved by DPS.] On this form, the driver education instructor and the superintendent, college or university chief school official, ESC director, DPS director, or their designee must certify that the driver education course was conducted according to the department and DPS education standards for an approved course in driver education for Texas schools.

(1) For schools exempt from the Chapter 1001, Education Code, and programs approved by DPS, the DE-964 [DE-964E] certificate shall consist of five parts to be designated as follows: Texas Department of Public Safety Copies (Instruction Permit and Driver's License), Insurance Copy, Texas Department of Licensing and Regulation Copy, and School Copy. The DE-964 [DE-964E] certificate is used to certify completion of an approved driver education course and is a government record.

(2) The department shall charge a fee of $1.00 for each DE-964 [DE-964E] certificate provided.

(3) The DE-964 [DE-964E] certificates shall be issued to the superintendent, college or university chief school official, ESC director, or individuals designated by the superintendent, college or university chief school official, or ESC director to be 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. [The DPS shall be responsible for the DE-964E certificates provided to DPS-approved driver education programs.]

(4) Unused DE-964s [DE-964Es] shall not be transferred to another school without written approval by the department.

(5) The DE-964 [DE-964E] 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.

(6) The superintendent, college or university chief school official, ESC director, or their designee may request to receive serially numbered DE-964 [DE-964E] certificates for exempt schools [and programs approved by DPS] 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.

(7) The superintendent, college or university chief school official, ESC director, or their designee shall be responsible for accounting for each DE-964 [DE-964E] certificate he or she has been issued. All DE-964 [DE-964E] certificates and records of certificates shall be maintained in an orderly fashion.

(8) The DPS shall accept only the original signature of a certified driver education teacher. The signature of the chief school official or ESC director may be written, stamped, or omitted.

(9) All DE-964 [DE-964E] 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 shall maintain the school copies of the certificates [and submit the department copies of all issued certificates to the department no later than February 15, June 15, and September 15 of each year]. The chief school official, ESC or DPS director, or their designee shall return unissued DE-964 [DE-964E] certificates to the department within 30 days from the date the school discontinues the driver education program, unless otherwise notified.

(10) Each superintendent, college or university chief school official, ESC director, or their designee shall ensure that the policies concerning DE-964 [DE-964E] certificates are followed by all individuals who have responsibility for the certificates.

(11) The superintendent, college or university chief school official, ESC director, or their designee shall maintain effective protective measures to ensure that unissued DE-964E certificates and records of certificates are secure.

(12) The superintendent, college or university chief school official, ESC director, or their designee shall report any incident of unaccounted DE-964 [DE-964E] certificates to the department immediately upon discovering the incident. If such an incident occurs, the superintendent, college or university chief school official, ESC director, or their designee shall conduct an investigation to determine the circumstances of the unaccounted certificates. A report of the findings of the investigation, including measures taken to prevent the incident from recurring, shall be submitted to the department within 30 days of the discovery.

(13) The superintendent, college or university chief school official, or ESC director must insure that employees complete, issue, or validate a DE-964 [DE-964E] only to a person who has successfully completed the entire portion of the course for which the DE-964 [DE-964E] is being used. [The DPS must insure that the participants of the home taught driver education programs complete, issue, or validate a DE-964E only to a person who has successfully completed the entire portion of the course for which the DE-964E is being used. Issuance of the DE-964E is the assurance that the student has successfully achieved mastery of the course objectives.]

(14) The right to receive DE-964 [DE-964E] certificates may be immediately suspended for a period determined by the department if:

(A) - (B) (No change.)

(15) The DPS copy of a DE-964 [DE-964E] certificate must contain the original signature of the certified instructor. The name of the superintendent, college or university chief school official, ESC director, or their designee may be written, stamped, typed, or omitted.

(16) The superintendent, college or university chief school official, ESC director, or their designee may issue a duplicate DE-964 [DE-964E] certificate to a student who completed a course under the responsibility of the superintendent, college or university chief school official, ESC director, or their designee. The duplicate shall indicate the control number of the original DE-964 [DE-964E] certificate.

(b) An authorized DPS employee shall accept a DE-964 [DE-964E] certificate when a certified driver education instructor certifies by signing the DE-964 [DE-964E] that the driver education program was completed according to this subchapter and that the student has achieved the competencies specified in this subchapter. The school official shall make a copy of the teacher's certificate for driver education available to authorized department or DPS representatives when requested.

(c) The superintendent, college or university chief school official, or ESC director may designate one certified driver education teacher to sign the DE-964 [DE-964E] certificates for that school. Only one [In a concurrent program, only one] teacher shall be required to sign a DE-964 [DE-964E] certificate, but each teacher giving instruction in the [concurrent] program must be a fully certified driver education teacher or state-approved teaching assistant and must initial for each lesson they instruct. In each case, the teacher signing the DE-964 [DE-964E] certificate must compile all records and verify the student's successful completion.

(d) The public school may [department shall] accept any part of the driver education instruction received by a student in another state; however, the student must complete all of 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 seven years.

(e) (No change.)

(f) When it is impossible or inconvenient for the certified driver education instructor to sign the DE-964 [DE-964E] (due to transfer, illness, or death, etc.), the superintendent, college or university chief school official, ESC director, or their designee may, by completing the driver education affidavit form on the reverse side of the DE-964 [DE-964E] certificate, certify that official records show a particular student completed an approved driver education course as indicated on the DE-964 [DE-964E].

(g) - (h) (No change.)