1. (a) The DE-964 and ADE-1317 shall be issued only to primary driver education schools. The primary driver education school shall maintain a record reconciling all DE-964s and ADE-1317s that are distributed by the primary driver education school to branch driver education schools and contract sites.

2. (b) School owners shall be responsible for the DE-964 and ADE-1317 in accordance with this subsection.

   1. (1) A licensed driver education school, exempt driver education school or parent taught driver education course provider may request the serially numbered DE-964s and ADE-1317s by submitting an order form prescribed by the department stating the number of DE-964s and ADE-1317s to be purchased and include payment of all appropriate fees. A mailed or faxed order form shall have the signature of the driver education school owner or authorized representative. Signature is not required for orders placed through the online system.
   2. (2) A driver education school or parent taught driver education course provider shall not transfer unassigned DE-964s and ADE-1317s to a school/provider other than the school/provider for which the certificates were ordered from the department without written approval from the department.
   3. (3) The driver education school owner or authorized representative shall maintain effective protective measures to ensure that unissued DE-964s and ADE-1317s are secure. The driver education school owner or authorized representative shall report all unaccounted DE-964s and ADE-1317s to the department within fifteen (15) working days of the discovery of the incident. In addition, the driver education school shall be responsible for conducting an investigation to determine the circumstances surrounding the unaccounted DE-964s and ADE-1317s. A report of the findings of the investigation, including preventative measures for recurrence, shall be submitted to the department within thirty (30) days of the discovery.
   4. (4) The driver education school owner or their designee shall return unissued DE-964 and ADE-1317 certificates to the department within thirty (30) days from the date the school discontinues the driver education program, unless otherwise notified.
3. (c) If a driver education school or parent taught driver education course provider issues a duplicate DE-964 or ADE-1317, the duplicate shall indicate the control number of the original DE-964 or ADE-1317.

4. (d) A driver education school that purchases driver education certificate numbers shall provide for the following:

   1. (1) The DE-964 and ADE-1317 driver education certificate numbers shall only be issued to primary driver education schools. The primary driver education school shall maintain a record reconciling all DE-964 and ADE-1317 driver education certificate numbers that are distributed to branch driver education schools and contract sites.
   2. (2) The school shall implement and maintain a policy which effectively ensures protective measures are in use at all times for securing original and duplicate driver education certificates numbers. The records and unissued or unnumbered original and duplicate driver education certificates shall be readily available for review by representatives of the department.
   3. (3) The school shall maintain electronic files with data pertaining to all driver education certificate numbers purchased from the department. The school shall make available to the department upon request an ascending numerical accounting record of the numbered driver education certificates issued. The school shall ensure security of the data.
   4. (4) The school shall ensure that effective measures are taken to preclude lost data and that a system is in place to recreate electronic data for all driver education certificate numbers, whether used or not used, and all certificates that have been issued.
   5. (5) Schools shall issue driver education certificates using a block of identifying serial numbers purchased from the department only to students who have successfully completed all elements of the school's approved driver education course taught by department licensed instructors in department approved locations as indicated on the student contract.
   6. (6) Schools shall report all unaccounted original and duplicate driver education numbers or unissued or duplicate certificates to the department within five (5) working days of the discovery of the incident. In addition, the school shall be responsible for conducting an investigation to determine the circumstances surrounding the unaccounted items. A report of the findings of the investigation, including preventative measures for recurrence, shall be submitted for approval to the department within thirty (30) days of the discovery.
   7. (7) Each unaccounted or missing original or duplicate course driver education completion certificate number or blank or unissued original or duplicate driver education certificate may be considered a separate violation. This may include lost, stolen, or otherwise unaccounted original or duplicate driver education certificate numbers or blanks or unissued original or duplicate driver education certificates.
   8. (8) Schools shall not transfer driver education certificate numbers to another school.
   9. (9) Schools shall sequentially number original driver education certificates from the block of numbers purchased from the department.
   10. (10) When a duplicate driver education certificate is issued by a school, the duplicate certificate shall bear a serial number from the block of numbers purchased from the department by the school. The duplicate driver education certificate shall clearly indicate the number of both the duplicate and the original serial number of the certificate being replaced.
   11. (11) The driver education school owner or their designee shall return unissued DE-964 and ADE-1317 certificate numbers to the department within thirty (30) days from the date the school discontinues the driver education program, unless otherwise notified.

Source Note:The provisions of this §84.43 adopted to be effective April 1, 2017, 42 TexReg 1400.