1. (a) The educational objectives of driver training courses shall include, but not be limited to, promoting respect for and encouraging observance of traffic laws and traffic safety responsibilities of driver education and citizens; instruction on law enforcement procedures for traffic stops in accordance with provisions of the Community Safety Education Act (Senate Bill 30, 85th Regular Legislature); reducing traffic violations; reducing traffic-related injuries, deaths, and economic losses; the proper use of child passenger safety seat systems; and motivating 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.

2. (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. (1) Minor and adult driver education course.

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

         1. (i) a minimum of 32 hours of classroom instruction. The in-car phase must consist of seven hours of behind-the-wheel instruction and seven hours of in-car observation in the presence of a person who holds a driver education instructor license; and
         2. (ii) 30 hours of behind-the-wheel instruction, including at least 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 one hour per day.
      2. (B) Schools are allowed five minutes of break per instructional hour for all phases. No more than ten minutes of break time may be accumulated for each two hours of instruction.
      3. (C) Driver education course curriculum content, minimum instruction requirements, and administrative guidelines for classroom instruction, in-car training (behind-the-wheel and observation), simulation, and multicar range shall include the educational objectives established by the department in the POI-DE and meet the requirements of this subchapter. In addition, the educational objectives that must be provided to every student enrolled in a minor and adult driver education course shall include information relating to litter prevention, anatomical gifts, safely operating a vehicle near oversize or overweight vehicles, leaving children in vehicles unattended, distractions, motorcycle awareness, alcohol awareness and the effect of alcohol on the effective operation of a motor vehicle, and recreational water safety.
      4. (D) Driver education schools that desire to instruct students age 14 and over in a traditional classroom program shall provide the same beginning and ending dates for each student in the same class of 36 or less. No student shall be allowed to enroll and start the classroom phase after the seventh hour of classroom instruction has begun.
      5. (E) Students shall proceed in the sequence identified by and approved for that school.
      6. (F) Students shall receive classroom instruction from an instructor who is approved and licensed by the department. An instructor shall be in the classroom and available to students during the entire 32 hours of instruction, including self-study assignments. Instructors shall not have other teaching assignments or administrative duties during the 32 hours of classroom instruction.
      7. (G) Videos, tape recordings, guest speakers, and other instructional media that present concepts required in the POI-DE may be used as part of the required 32 hours of traditional classroom instruction.
      8. (H) Self-study assignments occurring during regularly scheduled class periods shall not exceed 25 percent of the course and shall be presented to the entire class simultaneously.
      9. (I) Each classroom student shall be provided a driver education textbook designated by the commissioner or access to instructional materials that are in compliance with the POI-DE approved for the school. Instructional materials, including textbooks, must be in a condition that is legible and free of obscenities.
      10. (J) A copy of the current edition of the "Texas Driver Handbook" or instructional materials that are equivalent shall be furnished to each student enrolled in the classroom phase of the driver education course.
      11. (K) Each student, including makeup students, shall be provided their own seat and table or desk while receiving classroom instruction. A school shall not enroll more than thirty-six (36) students, excluding makeup students, and the number of students may not exceed the number of seats and tables or desks available at the school.
      12. (L) When a student changes schools, the school must follow the current transfer policy developed by the department.
      13. (M) All classroom phases of driver education, including makeup work, shall be completed within the timelines stated in the original student contract. This shall not circumvent the attendance and progress requirements.
      14. (N) All in-car lessons shall consist of actual driving instruction. No school shall permit a ratio of more than four students per instructor or exceed the seating and occupant restraint capacity of the vehicle used for instruction. Schools that allow one-on-one instruction shall notify the parents in the contract.
      15. (O) A student must have a valid driver's license or learner license in his or her possession during any behind-the-wheel instruction.
      16. (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.
      17. (Q) A school may use multimedia systems, simulators, and multicar driving ranges for in-car instruction in a driver education program. Each simulator, including the filmed instructional programs, and each plan for a multicar driving range must meet state specification developed by DPS and the department. A licensed driver education instructor must be present during use of multimedia systems, simulators, and multicar driving ranges.
      18. (R) Four periods of at least 55 minutes per hour of instruction in a simulator may be substituted for one hour of behind-the-wheel instruction and one hour of in-car observation. Two periods of at least 55 minutes per hour of multicar driving range instruction may be substituted for one hour of behind-the-wheel instruction and one 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.
      19. (S) In a minor and adult driver education program, a student may apply to the DPS for a learner license after completing the objectives found in Module One: Traffic Laws of the POI-DE.
      20. (T) 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.
      21. (U) The instructor shall be physically present in appropriate proximity to the student for the type of instruction being given. A licensed supervising teacher, licensed driver education teacher or school owner shall sign or stamp all completed classroom instruction records.

   2. (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.

      1. (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.

         1. (i) Application. The driver education school shall submit a completed application along with the appropriate fee.
         2. (ii) Instructor license required. Students shall receive classroom instruction from a licensed supervising teacher or driver education teacher.
         3. (iii) Minimum course content. The driver education course exclusively for adults shall consist of six clock hours of classroom instruction that meets the minimum course content and instruction requirements contained in the POI-Adult Six-Hour.

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

            1. (I) The instructor shall be physically present in appropriate proximity to the student for the type of instruction being given. A licensed supervising teacher, licensed driver education teacher or school owner shall sign or stamp all completed classroom instruction records.
            2. (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.
            3. (III) Self-study assignments, videos, tape recordings, guest speakers, and other instructional media that present topics required in the course shall not exceed 150 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.
            4. (IV) Each student, including makeup students, shall be provided their own seat and table or desk while receiving classroom instruction. A school shall not enroll more than 36 students, excluding makeup students, and the number of students may not exceed the number of seats and tables or desks available at the school.
            5. (V) All classroom instruction, including makeup work, shall be completed within the timelines stated in the original student contract.
            6. (VI) A minimum of 330 minutes of instruction is required.
            7. (VII) The total length of the course shall consist of a minimum of 360 minutes.
            8. (VIII) 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.
            9. (IX) Students shall not receive a driver education certificate of completion unless that student receives a grade of at least 70 percent on the highway signs examination and at least 70 percent on the traffic laws examination as required under Texas Transportation Code, §521.161.
            10. (X) The driver education school shall make a material effort to establish the identity of the student.

      2. (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.

         1. (i) Application. The driver education school shall submit a completed application along with the appropriate fee.
         2. (ii) Request for approval. The request for approval must include a syllabus cross-reference, contract, and instructional records.

         3. (iii) School license required. A person or entity offering an online driver education course exclusively for adults must hold a driver education school license.

            1. (I) The driver education school shall be responsible for the operation of the online course.
            2. (II) Students shall receive classroom instruction from a licensed supervising teacher or driver education teacher.

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

            1. (I) Course topics. The course requirements described in the POI-Adult Six-Hour shall be met.
            2. (II) Length of course. The course must be six 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.
            3. (III) Required material. 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.
            4. (IV) Editing. The material presented in the online course shall be edited for grammar, punctuation, and spelling and be of such quality that it does not detract from the subject matter.
            5. (V) Irrelevant material. Advertisement of goods and services shall not appear during the actual instructional times of the course. Distracting material that is not related to the topic being presented shall not appear during the actual instructional times of the course.

            6. (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-) Word count. For written material that is read by the student, the course shall contain the total number of words in the written sections of the course. This word count shall be divided by 180, the average number of words that a typical student reads per minute. The result is the time associated with the written material for the sections.

               (-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 minutes.

               (-c-) Charts and graphs. The online course may assign one minute for each chart or graph.

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

               (-e-) Total time calculation. If the sum of the time associated with the written course material, the total amount of time for all multimedia presentations, and the time associated with all charts and graphs equals or exceeds 330 minutes, the online course has demonstrated the required amount of minimum content.

               (-f-) Alternate time calculation method. In lieu of the time calculation method, the online course may submit alternate methodology to demonstrate that the online course meets the 330-minute requirement.

         5. (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.

            1. (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 seconds.

               (-b-) Placement of questions. At least two personal validation questions shall appear randomly during each instructional hour, not including the final examination.

               (-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 of the personal validation questions.

               (-d-) Correction of answer. The online course 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. (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 seconds.

               (-b-) Placement of questions. At least two personal validation questions shall appear randomly during each instructional hour, not including the final examination.

               (-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 of the personal validation questions.

               (-d-) Correction of answer. The online course 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.

         6. (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.

            1. (I) Timers. The online course shall include built-in timers to ensure that 330 minutes of instruction have been attended and completed by the student.

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

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

               (-b-) Question difficulty. The question shall be short answer, multiple choice, essay, or a combination of these forms. The question shall be difficult enough that the answer may not be easily determined without having viewed the actual multimedia clip.

               (-c-) Failure criteria. If the student fails to answer the question correctly, the online course must require the student to view the multimedia clip again. The online course shall then present a different question from its test bank for that multimedia clip. The online course may not repeat a question until it has asked all the questions from its test bank.

               (-d-) Answer identification. The online course shall not identify the correct answer to the multimedia question.

            3. (III) Course participation questions. The online course shall test the student's course participation by asking at least two questions each from Chapter Four, Topics Two through Eight in the POI-Adult Six Hour.

               (-a-) Test bank. The test bank for course participation questions shall include at least ten questions each from Chapter Four, Topics Two through Eight in the POI-Adult Six-Hour.

               (-b-) Placement of questions. The course participation questions shall be asked at the end of the major unit or section in which the topic is covered.

               (-c-) Question difficulty. Course participation questions shall be of such difficulty that the answer may not be easily determined without having participated in the actual instruction.

            4. (IV) Comprehension of course content. The online course shall test the student's mastery of the course content by administering at least 30 questions covering the highway signs and traffic laws required under Texas Transportation Code, §521.161.

               (-a-) Test banks (two). Separate test banks for course content mastery questions are required for the highway signs and traffic laws examination as required under Texas Transportation Code, §521.161, with examination questions drawn equally from each.

               (-b-) Placement of questions. The mastery of course content questions shall be asked at the end of the course (comprehensive final examination).

               (-c-) Question difficulty. Course content mastery questions shall be of such difficulty that the answer may not be easily determined without having participated in the actual instruction.

         7. (vii) Retest the student. If the student misses more than 30 percent 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.

         8. (viii) Student records. The online course shall provide for the creation and maintenance of the records documenting student enrollment, the verification of the student's identity, and the testing of the student's mastery of the course material. The school shall also ensure that the student record is readily, securely, and reliably available for inspection by a department representative. The student records shall contain the following information:

            1. (I) the student's first, middle, and last name;
            2. (II) the student's date of birth and gender;
            3. (III) a record of all questions asked and the student's responses;
            4. (IV) the name or identity number of the staff member entering comments, retesting, or revalidating the student;
            5. (V) both answers and a reasonable explanation for the change if any answer to a question is changed by the school for a student who inadvertently missed a question; and
            6. (VI) a record of the time the student spent in each unit and the total instructional time the student spent in the course.
         9. (ix) Waiver of certain education and examination requirements. A licensed driver education instructor must determine that the student has successfully completed and passed a driver education course exclusively for adults prior to waiving the examination requirements of the highway sign and traffic law parts of the examination required under Texas Transportation Code, §521.161, and signing the ADE-1317 driver education completion certificate.
         10. (x) Age requirement. A person must be at least 18 years of age to enroll in a driver education course exclusively for adults.
         11. (xi) Issuance of certificate. Not later than the 15th working day after the course completion date, the school shall issue an ADE-1317 driver education certificate only to a person who successfully completes an approved online driver education course exclusively for adults.
         12. (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.

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

             1. (I) Re-entry into the course. An online course 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. (II) Navigation. 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. (III) Audio-visual standards. The video and audio shall be clear and, when applicable, the video and audio shall be synchronized.
             4. (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.
             5. (V) Domain names. Each school offering an online course must offer that online course from a single domain.
             6. (VI) 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. (3) Compliance with Texas Transportation Code, §521.1601. Persons age 18 to under 25 years of age must successfully complete either a minor and adult driver education course or the driver education course exclusively for adults. Partial completion of either course does not satisfy the requirements of rule or law.
   4. (4) Issuance of certificate. A licensed school or instructor may not issue an ADE-1317 adult driver education certificate to a person who is not at least 18 years of age.

3. (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, including current reference to the law, driving procedures, current instructor application and renewal processes, then the department 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. (1) Schools desiring to obtain approval for a driver education instructor development course shall request an application for approval from the department. All instructor development curricula submitted for approval shall meet or exceed the requirements set forth for approved programs offered at colleges, universities, school districts, or educational service centers and shall be specific to the area of specialization. Guidelines and criteria for the course shall be provided with the application packet, and the school shall meet or exceed the criteria outlined.

      1. (A) Six-semester-hour instructor development course. The driver education instructor development program instructional objectives must be equivalent to six semester hours or 90 clock hours of driver and traffic safety education instructor training and shall include:

         1. (i) Driver Education I--minimum of 45 clock hours. Instructional objectives: the trainee shall acquire the knowledge, skills, and understanding to instruct students in the reduced-risk driving practices in the Highway Transportation System (HTS) in accordance with the standards for minor and adult driver education and traffic safety. Instruction shall address the following topics:

            1. (I) overview of Driver Education I;
            2. (II) minor and adult driver education curriculum overview and course goals;
            3. (III) school and instructor liability and responsibility;
            4. (IV) student evaluation and assessment;
            5. (V) instructor conduct, including professionalism and public relations;
            6. (VI) rules, codes, and standards for driver education programs; and
            7. (VII) classroom progress examination for Driver Education I.

         2. (ii) Driver Education II--minimum of 45 clock hours. Instructional objectives: the trainee shall acquire the knowledge, skills, and understanding to instruct students in the reduced-risk driving practices in the HTS in accordance with the standards for minor and adult driver education and traffic safety for in-car instruction. Instruction shall address the following topics:

            1. (I) overview of Driver Education II;
            2. (II) minor and adult driver education in-car curriculum overview;
            3. (III) commentary driving techniques;
            4. (IV) factors that influence learning and habit formation;
            5. (V) in-car lesson planning, including scheduling and designing;
            6. (VI) vocabulary and communication;
            7. (VII) risk management;
            8. (VIII) general guidelines for conducting behind-the-wheel and in-car observation;
            9. (IX) in-car debriefing techniques;
            10. (X) proper record keeping and maintenance;
            11. (XI) classroom progress examination for Driver Education II; and

            12. (XII) in-car laboratory, including:

                (-a-) initial assessment of trainee's driving skills by instructor trainer;

                (-b-) observation of in-car teaching techniques as given by a licensed instructor;

                (-c-) practice of instructor risk-management and emergency procedures, including taking control of the vehicle under the supervision and observation of a licensed instructor;

                (-d-) in-car trainee student teaching under the supervision and observation of a licensed instructor; and

                (-e-) trainee in-car student teaching final progress assessment under the supervision and observation of a licensed instructor.

      2. (B) Nine-semester-hour instructor development course. The driver education instructor development program instructional objectives must be equivalent to nine semester hours or 135 clock hours of driver and traffic safety education instructor training and shall include:

         1. (i) all requirements set forth in subparagraph (A); and

         2. (ii) Driver Education III--minimum of 45 clock hours. Instructional objectives: the trainee shall acquire the knowledge, skills, and understanding to instruct students in the reduced-risk driving practices in the HTS in accordance with the standards for minor and adult driver education and traffic safety for classroom instruction. Instruction shall address the following topics:

            1. (I) overview of Driver Education III;
            2. (II) classroom delivery, including the Code, rules, standards, and school administrative procedures;
            3. (III) student learning styles;
            4. (IV) classroom management and student discipline;
            5. (V) classroom lesson planning and designing;
            6. (VI) scheduling driver education programs;
            7. (VII) proper record keeping and maintenance;
            8. (VIII) simulation theory and multicar range instruction;
            9. (IX) instructor professional growth;
            10. (X) classroom progress examination for Driver Education III; and

            11. (XI) classroom laboratory, including:

                (-a-) observation of classroom teaching techniques as given by a licensed instructor; and

                (-b-) classroom practice student teaching under the supervision and observation of a licensed instructor.

      3. (C) Supervising instructor development course. The supervising driver education instructor development program instructional objectives must be equivalent to six semester hours or 90 clock hours of driver and traffic safety education instructor training and shall include:

         1. (i) training in administering driver education programs and supervising and administering traffic safety education;

         2. (ii) Supervising Instructor I--minimum of 45 clock hours. Instructional objectives: the instructor shall acquire the knowledge, skills, and understanding to instruct trainees in the reduced-risk driving practices in the HTS in accordance with the standards for minor and adult driver education and traffic safety. Instruction shall address the following topics:

            1. (I) overview of Supervising Instructor I;
            2. (II) minor and adult driver education curriculum overview and course goals;
            3. (III) rules, codes, and standards for driver education programs;
            4. (IV) learning styles;
            5. (V) factors that influence learning and habit formation;
            6. (VI) vocabulary and communication;
            7. (VII) lesson plan development;
            8. (VIII) classroom management and student discipline; and
            9. (IX) classroom progress examination for Supervising Instructor I.

         3. (iii) Supervising Instructor II--minimum of 45 clock hours. Instructional objectives: the instructor shall acquire the knowledge, skills, and understanding to instruct trainees in the reduced-risk driving practices in the HTS in accordance with the standards for minor and adult driver education and traffic safety. Instruction shall address the following topics:

            1. (I) overview of Supervising Instructor II;
            2. (II) student evaluation and assessment;
            3. (III) commentary driving techniques;
            4. (IV) in-car debriefing techniques;
            5. (V) scheduling driver education programs;
            6. (VI) proper record keeping and maintenance;
            7. (VII) school and instructor liability and responsibility;
            8. (VIII) instructor conduct, including professionalism and public relations;
            9. (IX) risk management;
            10. (X) simulation theory and multicar range;
            11. (XI) professional growth;
            12. (XII) classroom progress examination for Supervising Instructor II; and

            13. (XIII) classroom laboratory, including:

                (-a-) observation of nine-semester-hour driver education instructor development course classroom teaching techniques as given by a licensed instructor; and

                (-b-) classroom practice student teaching of a nine-semester-hour driver education instructor development course under the supervision and observation of a licensed instructor.

   2. (2) Prior to enrolling as a trainee in a driver education instructor development course, the school owner or representative must obtain proof that the enrollee 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 the current official driving record from the enrollee for the preceding 36-month period prior to enrollment. The school must use the standards set forth in §84.50(b)(3) when determining the qualifications for a trainee's enrollment.
   3. (3) Instruction records shall be maintained by the school for each instructor trainee and shall be available for inspection by authorized department 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 teacher 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. (4) All instructor trainee instruction records submitted for the approved instructor development courses shall be original documents.
   5. (5) A licensed supervising teacher shall teach the instructor development courses. The supervising teacher may allow a driver education teacher, or teaching assistant to provide training under the direction of the supervising teacher in areas appropriate for their level of certification and/or licensure.
   6. (6) The supervising teacher is responsible for certifying all independent study and research assignments that shall not exceed 25 percent of the total training program time.

4. (d) This subsection contains requirements for driver education continuing education courses.

   1. (1) Driver education school owners may receive an approval for a four-hour continuing education course and provide the approved course to instructors to ensure that instructors meet the requirements for continuing education.

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

      1. (A) a description of the plan by which the course will be presented;
      2. (B) the subject of each unit;
      3. (C) the educational objectives of each unit;
      4. (D) time to be dedicated to each unit;
      5. (E) instructional resources for each unit, including names or titles of presenters and facilitators; and
      6. (F) a plan by which the school owner will monitor and ensure attendance and completion of the course by the instructions within the guidelines set forth in the course.

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

      1. (A) the course constitutes an organized program of learning that enhances the instructional skills, methods, or knowledge of a licensed driver education instructor;
      2. (B) the course pertains to subject matters that relate directly to the practice of driver education instruction, instruction techniques, or driver education-related subjects; and
      3. (C) the entire course shall be taught by individuals with recognized experience or expertise in the area of driver education or related subjects. The department may request evidence of the individuals' experience or expertise.
   4. (4) Driver education school owners may not offer the same continuing education course to instructors each year. In order to continue to offer a course, a new or revised continuing education course shall be submitted to the department for approval.
5. (e) A branch school may offer only a course that is approved for the primary school.
6. (f) Schools applying for approval of additional courses after the original approval has been granted shall submit the documents designated by the department with 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.
7. (g) If an approved course is discontinued, the department 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 department 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 department, the refunds must be made no later than thirty (30) days after the course was discontinued. Any course discontinued shall be removed from the school's approval.
8. (h) 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 department shall notify the applicant, setting forth the reasons for denial in writing.

9. (i) The department may revoke approval of a school's courses under certain circumstances, including, but not limited to, the following.

   1. (1) Information contained in the application for the course approval is found to be untrue.
   2. (2) The school has failed to maintain the instructors, facilities, equipment, or courses of study on the basis of which approval was issued.
   3. (3) The school offers a course which has not been approved or for which there are no instructors or equipment.
   4. (4) The school has been found to be in violation of TEC, Chapter 1001, and/or this chapter.

Source Note:The provisions of this §84.500 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective March 15, 2018, 43 TexReg 1431; amended to be effective July 1, 2018, 43 TexReg 3875; amended to be effective March 15, 2020, 45 TexReg 1698; amended to be effective September 1, 2020, 45 TexReg 6069; amended to be effective September 1, 2021, 46 TexReg 5394.