1. (a) All instruction in a driver education course shall be performed by Texas Education Agency (TEA)-licensed instructors in locations approved by TEA. However, a student instructor-trainee may teach any practice teaching necessary for the purpose of licensing in a TEA-approved location under the direction and in the presence of a licensed instructor.

2. (b) Each driver education school shall:

   1. (1) ensure that each individual permitted to give classroom instruction or in-car instruction at the school or classroom location has a valid current driver education instructor's license with the proper endorsement issued by the division, except as provided in subsection (a) of this section;
   2. (2) provide instruction or allow instruction to be provided only in courses that are currently on the school's list of approved courses;
   3. (3) complete, issue, or validate a DE-964 or ADE-1317 only to a person who has successfully completed the entire portion of the course for which the DE-964 or ADE-1317 is being issued;
   4. (4) authorize, approve, or conduct instruction in a motor vehicle that meets the requirements stated in §176.1014 of this title (relating to Motor Vehicles);
   5. (5) not falsify driver education records; and
   6. (6) ensure that no instructor provides more than eight hours of behind-the-wheel instruction per day.

3. (c) Each driver education school owner-operator or employee that purchases driver education certificate numbers from the division shall:

   1. (1) develop and maintain a means to ensure the security and integrity of student information, especially financial and personal information, in transit and at rest;
   2. (2) develop and maintain a means to ensure the privacy of student data, including personal and financial data, and make the corporate privacy policy available to all course students;
   3. (3) develop and maintain a TEA-approved method for printing and issuing original and duplicate driver education certificates that, to the greatest extent possible, prevents the unauthorized production or misuse of the certificates; and
   4. (4) ensure that the front of each driver education certificate contains TEA complaint contact information and current division telephone number in a font that is visibly recognizable.
4. (d) A driver education school shall discharge or refuse to hire any employee if the school has knowledge that the employee or applicant for employment has been convicted of an offense described in Texas Education Code (TEC), §1001.2514. Employment in violation of this subsection is grounds for the revocation of the school's license.
5. (e) For the purposes of TEC, Chapter 1001, and this chapter, each person employed by or associated with any driver education school shall be deemed an agent of the driver education school, and the school may share the responsibility for all acts performed by the person which are within the scope of the employment and which occur during the course of the employment.

Source Note:The provisions of this §84.103 adopted to be effective December 26, 1999, 24 TexReg 11335; amended to be effective April 21, 2005, 30 TexReg 2215; amended to be effective December 29, 2010, 35 TexReg 11636; amended to be effective August 27, 2012, 37 TexReg 6593; transferred effective September 1, 2015, as published in the Texas Register August 28, 2015, 40 TexReg 5471.