1. (a) Application for licensing as a driver education instructor must be made on forms prescribed by the department. A person applying for an original driver education instructor license must:

   1. (1) have a high school diploma or equivalent;
   2. (2) hold a valid class A, B, C, or CDL driver's license, other than a learner license or provisional license, for the preceding three years, that has not been revoked or suspended in the preceding three years.
   3. (3) submit a completed application as prescribed by the department;
   4. (4) submit the instructor licensing fees;
   5. (5) submit a national criminal history record information review fee;
   6. (6) submit documentation showing that all applicable educational requirements have been met; and
   7. (7) provide fingerprints to the Texas Department of Public Safety (DPS) through the Fingerprint Application Service of Texas (FAST) or any other method required by the DPS.

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

   1. (1) Supervising driver education teacher:

      1. (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;
      2. (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;
      3. (C) may perform instruction of a department-approved driver education instructor development course;
      4. (D) may serve as a teacher of record.

   2. (2) Driver education teacher:

      1. (A) must have a current, valid Texas teacher's certificate and an official transcript indicating completion of 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 9 semester hours. Completion of course work in an approved alternative certification program may suffice for all or part of the 9 semester hours of driver and traffic safety education if the department determines that the course is equivalent;
      2. (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;
      3. (C) may serve as a teacher of record.

   3. (3) Teaching assistant:

      1. (A) must have a valid teaching assistant license issued by the department that indicates approval for in-car instruction only;
      2. (B) must have an official transcript indicating completion of 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 6 semester hours. Completion of course work in an approved alternative certification program may suffice for all or part of the 6 semester hours of driver and traffic safety education if the department determines that the course is equivalent;
      3. (C) may only perform in-car instruction.

   4. (4) Teaching assistant-full:

      1. (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;
      2. (B) must have an official transcript indicating completion of 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 9 semester hours. Completion of course work in an approved alternative certification program may suffice for all or part of the 9 semester hours of driver and traffic safety education if the department determines that the course is equivalent;
      3. (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 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. (5) Supervising teaching assistant-full:

      1. (A) must have a valid teaching assistant-full license issued by the department that indicates approval for all phases of laboratory instruction and instructional assistance in the classroom;
      2. (B) must have 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.
      3. (C) may teach all phases of in-car instruction;
      4. (D) may assist in the classroom phase of minor and adult driver education, however, any classroom instruction provided must be endorsed by the teacher of record
      5. (E) may perform instruction in a department approved driver education instructor development course.

   6. (6) Rehabilitative driver education in-car instructor.

      1. (A) must have a valid driver education teaching assistant certificate issued by the department or evidence of completion of an approved driver education program for certification as a teaching assistant that is equivalent to at least six semester hours;
      2. (B) must have evidence of employment from a specific hospital or approved community rehabilitation program.
      3. (C) The endorsement will be valid while the instructor is employed by or under contract with the specified hospital or approved community rehabilitation program.

3. (c) An application for renewal of an instructor license shall be submitted on forms prescribed by the department and shall be postmarked or hand-delivered at least thirty (30) days before the date of expiration or a late instructor renewal fee shall be imposed. A complete application shall include the following:

   1. (1) annual licensing fee; and
   2. (2) evidence of completing continuing education during the individual license renewal period.

4. (d) Continuing education requirements include the following.

   1. (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.

      1. (A) Instructors may participate in a department-approved driver education continuing education course. Evidence of completion of continuing education shall be provided for each instructor during the individual license renewal period on department forms or the equivalent. The instructor receiving instruction and the facilitator, presenter, or the school owner providing the instruction shall sign the form.

      2. (B) Credit may also may be given for any of the following:

         1. (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.
         2. (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.
         3. (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
         4. (iv) successful completion of an approved continuing education course provided by a licensed driver education school.
   2. (2) Carryover credit of continuing education hours is not permitted.
   3. (3) A licensee may not receive credit for completing the same course more than once every three years.
   4. (4) A licensed driver education instructor who teaches an approved driver education continuing education course may receive credit for attending continuing education.
   5. (5) A licensed driver education instructor will not receive credit for driver education continuing education by completing or teaching a driving safety continuing education course approved for driving safety only or by completing a driver education course exclusively for adults.

5. (e) All driver education instructor license endorsement changes shall require the following:

   1. (1) written documentation showing all applicable educational requirements have been met to justify endorsement changes; and
   2. (2) the annual licensing fee.
6. (f) All other license change requests, including duplicate instructor licenses or name changes, shall be made in writing and shall include payment of the duplicate instructor license fee.
7. (g) An instructor must notify the department of a change of address in writing within thirty (30) days of the change. Address changes do not require a fee.

Source Note:The provisions of this §84.44 adopted to be effective April 1, 2017, 42 TexReg 1400.