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

1. (1) ADE-1317--The driver education certificate of completion used for certifying completion of a driver education course exclusively for adults. This term encompasses all parts of a certificate of completion with the same control number issued for an approved driver education course. It is a government record.
2. (2) Advertising--Any affirmative act, whether written or oral, designed to call public attention to a school and/or course in order to evoke a desire to patronize that school or course. This includes Meta tags and search engines.
3. (3) Alternative method of instruction--A method of instruction for the minor and adult driver education course that does not require students to be present in a classroom.
4. (4) Branch school--A licensed driver education school that has the same ownership and name as a licensed primary driver education school.
5. (5) Certificate of program completion--serially numbered certificates that are printed, administered, and supplied by the course provider that have been approved by the department as part of the drug and alcohol awareness program.

6. (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:

   1. (A) in the case of ownership by an individual, when more than 50% of the school or course provider has been sold or transferred;
   2. (B) in the case of ownership by a partnership or a corporation, when more than 50% of the school or course provider, or of the owning partnership or corporation has been sold or transferred; or
   3. (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. (7) Clock hour:

   1. (A) Driver Education School Clock hour--55 minutes of instruction time in a 60-minute period for a driver education course. This includes classroom and in-car instruction time.
   2. (B) Driving Safety School and Drug and Alcohol Awareness Program Clock Hour--50 minutes of instruction in a 60-minute period for a driving safety course.
8. (8) Code--Refers to Texas Education Code, Chapter 1001.
9. (9) Contract site--An accredited public or private secondary school approved as a location for a driver education course of a licensed school. A driver training school may conduct a driver training course at a public or private school for students of the public or private school as provided by an agreement with the public or private school. The course is subject to any law applicable to a course conducted at the main business location of the driver training school.
10. (10) Criminal history record information--In accordance with the Texas Government Code, §411.082(2), information collected about a person by the Texas Department of Public Safety, a law enforcement or a criminal justice agency, or a private entity governed by the Fair Credit Reporting Act (15 United States Code, §1681 et seq.) that consists of identifiable descriptions and notations of arrests, detentions, indictments, and other formal criminal charges and their dispositions.
11. (11) DE-964--The driver education certificate of completion used for certifying completion of an approved minor and adult driver education course. This term encompasses all parts of a certificate of completion with the same control number issued for an approved driver education course. It is a government record.
12. (12) Educational objectives--The goal to promote respect for and encourage observance of traffic laws and traffic safety responsibilities of driver education and citizens; reduce traffic violations; reduce traffic-related injuries, deaths, and economic losses; and motivate development of traffic-related competencies through education, including, but not limited to, Texas traffic laws, risk management, driver attitudes, courtesy skills, and evasive driving techniques.
13. (13) Inactive course--a driving safety or specialized driving safety course for which no uniform certificates of completion or course completion certificate numbers have been purchased for 36 months or longer.
14. (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.
15. (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.
16. (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.
17. (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.
18. (18) Post program exam--an exam designed to measure the student's comprehension and knowledge of course material presented after the instruction is completed.
19. (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.
20. (20) Primary school--A licensed driver education main school that may have branch schools.
21. (21) Public or private school--an accredited public or non-public secondary school.
22. (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.
23. (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.
24. (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 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.
25. (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.

Source Note:The provisions of this §84.2 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective March 15, 2018, 43 TexReg 1431.