1. (a) This section contains requirements for driving safety, continuing education, and instructor development courses. For each course, the following curriculum documents and materials are required to be submitted as part of the application for approval. Except as provided by §84.504, (relating to Driving Safety Course Alternative Delivery Method), all course content shall be delivered under the direct observation of a licensed instructor. Courses of instruction shall not be approved that contain language that a reasonable and prudent individual would consider inappropriate. Any changes and updates to a course shall be submitted by the course provider and approved prior to being offered. Approval will be revoked for any course that meets the definition of inactive as defined in §84.2(16) of this chapter.

   1. (1) Driving safety courses.

      1. (A) Educational objectives. The educational objectives of driving safety courses shall include, but not be limited to promoting respect for and encouraging observance of traffic laws and traffic safety responsibilities of drivers and citizens; implementation of law enforcement procedures for traffic stops in accordance with the provisions of the Community Safety Education Act (Senate Bill 30, 85th Regular Legislature); the proper use of child passenger safety seat systems; safely operating a vehicle near oversized or overweight vehicles; reducing traffic violations; reducing traffic-related injuries, deaths, and economic losses; and motivating continuing development of traffic-related competencies.

      2. (B) Driving safety course content guides. A course content guide is a description of the content of the course and the techniques of instruction that will be used to present the course. For courses offered in languages other than English, the course owner shall provide a copy of the student verification of course completion document and/or enrollment contract, student instructional materials, final examination, and evaluation in the proposed language. To be approved, each course owner shall submit as part of the application a course content guide that includes the following:

         1. (i) a statement of the course's traffic safety goal and philosophy;
         2. (ii) a statement of policies and administrative provisions related to instructor conduct, standards, and performance;

         3. (iii) a statement of policies and administrative provisions related to student progress, attendance, makeup, and conduct. The policies and administrative provisions shall be used by each school that offers the course and include the following requirements:

            1. (I) progress standards that meet the requirements of subparagraph (F);
            2. (II) appropriate standards to ascertain the attendance of students. All schools approved to use the course must use the same standards for documenting attendance to include the hours scheduled each day and each hour not attended;
            3. (III) if the student does not complete the entire course, including all makeup lessons, within the timeline specified by the court, no credit for instruction shall be granted;
            4. (IV) any period of absence for any portion of instruction will require that the student complete that portion of instruction. All makeup lessons must be equivalent in length and content to the instruction missed and taught by a licensed instructor; and
            5. (V) conditions for dismissal and conditions for re-entry of those students dismissed for violating the conduct policy;
         4. (iv) a statement of policy addressing entrance requirements and special conditions of students such as the inability to read, language barriers, and other disabilities;
         5. (v) a list of relevant instructional resources such as textbooks, audio and visual media and other instructional materials, and equipment that will be used in the course and the furniture deemed necessary to accommodate the students in the course such as tables, chairs, and other furnishings. The course shall include a minimum of 60 minutes of audio/video materials relevant to the required topics; however, the audio/video materials shall not be used in excess of 150 minutes of the 300 minutes of instruction. The resources may be included in a single list or may appear at the end of each instructional unit;
         6. (vi) written or printed materials to be provided for use by each student as a guide to the course. The division may make exceptions to this requirement on an individual basis;
         7. (vii) instructional activities to be used to present the material (lecture, films, other media, small-group discussions, workbook activities, written and oral discussion questions, etc.). When small-group discussions are planned, the course content guide shall identify the questions that will be assigned to the groups;
         8. (viii) instructional resources for each unit;
         9. (ix) techniques for evaluating the comprehension level of the students relative to the instructional unit. If oral or written questions are to be used to measure student comprehension levels, they shall be included in the course guide. The evaluative technique may be used throughout the unit or at the end; and
         10. (x) a completed form cross-referencing the instructional units to the topics identified in subparagraph (D). A form to cross-reference the instructional units to the required topics and topics unique to the course will be provided by the division.

      3. (C) Course and time management. Approved driving safety courses shall be presented in compliance with the following guidelines and shall include statistical information drawn from data maintained by the Texas Department of Transportation or National Highway Traffic Safety Administration.

         1. (i) A minimum of 300 minutes of instruction is required.
         2. (ii) The total length of the course shall consist of a minimum of 360 minutes.
         3. (iii) Sixty (60) minutes of time, exclusive of the 300 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.
         4. (iv) Administrative procedures such as enrollment shall not be included in the 300 minutes of the course.
         5. (v) Courses conducted in a single day in a traditional classroom setting shall allow a minimum of 30 minutes for lunch.
         6. (vi) Courses taught over a period longer than one day shall provide breaks on a schedule equitable to those prescribed for one-day courses. However, all breaks shall be provided after the course introduction and prior to the last unit of the instructional day or the comprehensive examination and summation, whichever is appropriate.
         7. (vii) The order of topics shall be approved by the department as part of the course approval, and for each student, the course shall be taught in the order identified in the approved application.
         8. (viii) Students shall not receive a uniform certificate of course completion unless that student receives a grade of at least 70% on the final examination.
         9. (ix) In a traditional classroom setting, there must be sufficient seating for the number of students, arranged so that all students are able to view, hear, and comprehend all instructional aids and the class shall have no more than 50 students.
         10. (x) The driving safety instructor or school shall make a material effort to establish the identity of the student.

      4. (D) Minimum course content. Driving Safety course content, including video and multimedia, shall include current statistical data, references to law, driving procedures, and traffic safety methodology. A driving safety course shall include, as a minimum, materials adequate to assure the student masters the following.

         1. (i) Course introduction--minimum of ten minutes (instructional objective--to orient students to the class). Instruction shall address the following topics:

            1. (I) purpose and benefits of the course;
            2. (II) course and facilities orientation;
            3. (III) requirements for receiving course credit;
            4. (IV) student course evaluation procedures; and
            5. (V) Department-provided information on course content.

         2. (ii) The traffic safety problem--minimum of 15 minutes (instructional objectives--to develop an understanding of the nature of the traffic safety problem and to instill in each student a sense of responsibility for its solution). Instruction shall address the following topics:

            1. (I) identification of the overall traffic problem in the United States, Texas, and the locale where the course is being taught;
            2. (II) death, injuries, and economic losses resulting from motor vehicle crashes in Texas; and
            3. (III) the top five contributing factors of motor vehicle crashes in Texas as identified by the Texas Department of Transportation.

         3. (iii) Factors influencing driver performance--minimum of 20 minutes (instructional objective--to identify the characteristics and behaviors of drivers and how they affect driving performance). Instruction shall address the following topics:

            1. (I) attitudes, habits, feelings, and emotions (aggressive driving, etc.);
            2. (II) alcohol and other drugs;
            3. (III) physical condition (drowsy driving, etc.);
            4. (IV) knowledge of driving laws and procedures; and
            5. (V) understanding the driving task.

         4. (iv) Traffic laws and procedures--minimum of 30 minutes (instructional objectives--to identify the requirements of, and the rationale for, applicable driving laws and procedures and to influence drivers to comply with the laws on a voluntary basis). Instruction shall address the following topics:

            1. (I) passing;
            2. (II) right-of-way;
            3. (III) turns;
            4. (IV) stops;
            5. (V) speed limits;
            6. (VI) railroad crossings safety, including statistics, causes, and evasive actions;
            7. (VII) categories of traffic signs, signals, and highway markings;
            8. (VIII) pedestrians;
            9. (IX) improved shoulders;
            10. (X) intersections;
            11. (XI) occupant restraints;
            12. (XII) anatomical gifts;
            13. (XIII) litter prevention;
            14. (XIV) law enforcement and emergency vehicles (this category will be temporary until the need is substantiated by documentation from the Department of Public Safety on the number of deaths or injuries involved because of improper procedures used by a citizen when stopped by a law enforcement officer);
            15. (XV) law enforcement procedures for traffic stops in accordance with the provisions of the Community Safety Education Act (Senate Bill 30, 85th Regular Legislature); and
            16. (XVI) other laws as applicable (i.e., financial responsibility/compulsory insurance).

         5. (v) Special skills for difficult driving environments--minimum of 20 minutes (instructional objectives--to identify how special conditions affect driver and vehicle performance and identify techniques for management of these conditions). Instruction shall address the following topics:

            1. (I) inclement weather;
            2. (II) traffic congestion;
            3. (III) city, urban, rural, and expressway environments;
            4. (IV) reduced visibility conditions--hills, fog, curves, light conditions (darkness, glare, etc.), etc.; and
            5. (V) roadway conditions.

         6. (vi) Physical forces that influence driver control--minimum of 15 minutes (instructional objective--to identify the physical forces that affect driver control and vehicle performance). Instruction shall address the following topics:

            1. (I) speed control (acceleration, deceleration, etc.);
            2. (II) traction (friction, hydroplaning, stopping distances, centrifugal force, etc.); and
            3. (III) force of impact (momentum, kinetic energy, inertia, etc.).

         7. (vii) Perceptual skills needed for driving--minimum of 20 minutes (instructional objective--to identify the factors of perception and how the factors affect driver performance). Instruction shall address the following topics:

            1. (I) visual interpretations;
            2. (II) hearing;
            3. (III) touch;
            4. (IV) smell;
            5. (V) reaction abilities (simple and complex); and
            6. (VI) judging speed and distance.

         8. (viii) Defensive driving strategies--minimum of 40 minutes (instructional objective--to identify the concepts of defensive driving and demonstrate how they can be employed by drivers to reduce the likelihood of crashes, deaths, injuries, and economic losses). Instruction shall address the following topics:

            1. (I) trip planning;
            2. (II) evaluating the traffic environment;
            3. (III) anticipating the actions of others;
            4. (IV) decision making;
            5. (V) implementing necessary maneuvers;
            6. (VI) compensating for the mistakes of other drivers;
            7. (VII) avoiding common driving errors;
            8. (VIII) interaction with other road users (motorcycles, bicycles, trucks, pedestrians, etc.);
            9. (IX) safely operating a vehicle near oversized or overweight vehicles;
            10. (X) motorcycle awareness, including the dangers of failing to yield the right-of-way to a motorcyclist and the need to share the road with motorcyclist; and
            11. (XI) distractions relating to the effect of using a wireless communication device, including texting or engaging in other actions that may distract a driver from the safe or effective operation of a motor vehicle.

         9. (ix) Driving emergencies--minimum of 40 minutes (instructional objective--to identify common driving emergencies and their countermeasures). Instruction shall address the following topics:

            1. (I) collision traps (front, rear, and sides);
            2. (II) off-road recovery, paths of least resistance; and
            3. (III) mechanical malfunctions (tires, brakes, steering, power, lights, etc.).

         10. (x) Occupant restraints and protective equipment--minimum of 15 minutes (instructional objective--to identify the rationale for having and using occupant restraints and protective equipment). Instruction shall address the following topics:

             1. (I) legal aspects;
             2. (II) vehicle control;
             3. (III) crash protection;
             4. (IV) operational principles (active and passive);
             5. (V) helmets and other protective equipment;
             6. (VI) proper use of child passenger safety seat systems; and
             7. (VII) dangers involved in locking or leaving children in vehicles unattended.

         11. (xi) Alcohol and traffic safety--minimum of 40 minutes (instructional objective--to identify the effects of alcohol on roadway users). Instruction shall not address methods to drink and drive but shall address the following topics related to the effects of alcohol on roadway users:

             1. (I) physiological effects;
             2. (II) psychological effects;
             3. (III) legal aspects; and
             4. (IV) synergistic effects.
         12. (xii) Comprehensive examination--minimum of five minutes (this shall be the last unit of instruction).
         13. (xiii) The remaining 30 minutes of instruction shall be allocated to the topics included in the minimum course content or to additional driving safety topics that satisfy the educational objectives of the course.

      5. (E) Instructor training guides. An instructor training guide contains a description of the plan, training techniques, and curriculum to be used to train instructors to present the concepts of the approved driving safety course described in the applicant's driving safety course content guide. Each course provider shall submit as part of the application an instructor training guide that is bound or hole-punched and placed in a binder and that has a cover and a table of contents. The guide shall include the following:

         1. (i) a statement of the philosophy and instructional goals of the training course;

         2. (ii) a description of the plan to be followed in training instructors. The plan shall include, as a minimum, provisions for the following:

            1. (I) instruction of the trainee in the course curriculum;
            2. (II) training the trainee in the techniques of instruction that will be used in the course;
            3. (III) training the trainee about administrative procedures and course provider policies;
            4. (IV) demonstration of desirable techniques of instruction by the instructor trainer;
            5. (V) a minimum of 15 minutes of instruction of the course curriculum by the trainee under the observation of the instructor trainer as part of the basic training course;
            6. (VI) time to be dedicated to each training lesson; and
            7. (VII) a minimum of 600 minutes of instruction of the course in a regular approved course under the observation of a licensed instructor trainer. The instructor trainee shall provide instruction for two full courses. It is not mandatory that the two courses be taught as two complete courses; however, every instructional unit shall be taught twice; and

         3. (iii) instructional units sufficient to address the provisions identified in clause (ii)(I)-(VI). The total time of the units shall contain a minimum of 16 instructional hours. Each instructional unit shall include the following:

            1. (I) the subject of the unit;
            2. (II) the instructional objectives of the unit;
            3. (III) time to be dedicated to the unit;
            4. (IV) an outline of major concepts to be presented;
            5. (V) instructional activities to be used to present the material (i.e., lecture, films, other media, small-group discussions, workbook activities, written and oral discussion questions). When small-group discussions are planned, the course guide shall identify the questions that will be assigned to the groups;
            6. (VI) instructional resources for each unit; and
            7. (VII) techniques for evaluating the comprehension level of the students relative to the instructional unit. If oral or written questions are to be used to measure student comprehension levels, they shall be included in the instructor training guide. The evaluative technique may be used throughout the unit or at the end.
      6. (F) Examinations. Each course provider shall submit for approval, as part of the application, tests designed to measure the comprehension level of students at the completion of the driving safety course and the instructor training course. The comprehensive examination for each driving safety course must include at least 2 questions from the required units set forth in subparagraph (D)(ii)-(xi), for a total of at least 20 questions. The final examination questions shall be of such difficulty that the answer may not easily be determined without completing the actual instruction. Instructors shall not assist students in answering the final examination questions, but may facilitate alternative testing. Instructors may not be certified or students given credit for the driving safety course unless they score 70% or more on the final test. The course content guide shall identify alternative testing techniques to be used for students with reading, hearing, or learning disabilities and policies for retesting students who score less than 70% on the final examination. The applicant may choose not to provide alternative testing techniques; however, students shall be advised whether the course provides alternative testing prior to enrollment in the course. Test questions may be short answer, multiple choice, essay, or a combination of these forms.
      7. (G) Requirements for authorship. The course materials shall be written by individuals or organizations with recognized experience in writing instructional materials.

      8. (H) Renewal of course approval. The course approval must be renewed every two years. The renewal document due date shall be March 1 of every even numbered calendar year.

         1. (i) For approval, the course owner shall update all the course content methodology, procedures, statistical data, and references to law with the latest available data.
         2. (ii) The course owner shall submit a Statement of Assurance stating that the course has been updated to reflect the latest applicable laws and statistics.
         3. (iii) Failure to make necessary changes or to submit a Statement of Assurance documenting those changes shall be cause for revocation of the course approval.
         4. (iv) The commissioner may alter the due date of the renewal documents by giving the approved course six months' notice. The commissioner may alter the due date in order to ensure that the course is updated six months after the effective date of new state laws passed by the Texas Legislature.

   2. (2) Instructor development courses.

      1. (A) If the alternative instructor training in §84.64 (relating to Driving Safety Instructor License Requirements) is not applicable, driving safety instructors shall successfully complete 28 clock hours (50 minutes of instruction in a 60-minute period) in the approved instructor development course for the driving safety course to be taught, under the supervision of a driving safety instructor trainer. Supervision is considered to have occurred when the instructor trainer is present and personally provides the 28 clock hours of training for driving safety instructors, excluding those clock hours approved by department staff that may be presented by a guest speaker or using films and other media that pertain directly to the concepts being taught.
      2. (B) Instruction records shall be maintained by the course provider and instructor trainer for each instructor trainee and shall be available for inspection by authorized division 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; the name and instructor license number of the person conducting the training; and the 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 instructor trainer 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 course provider location.
      3. (C) All student instruction records submitted for the department-approved instructor development course shall be signed by the course provider. Original documents shall be submitted.
      4. (D) Driving safety instructor development courses may be offered at approved classroom facilities of a licensed school which is approved to offer the driving safety course being taught. A properly licensed instructor trainer shall present the course.
      5. (E) Applicants shall complete 28 hours of training in the driving safety curriculum that shall be taught. Of the 28 hours, 16 shall cover techniques of instruction and in-depth familiarization with materials contained in the driving safety curriculum. The additional 12 hours shall consist of practical teaching with students and shall occur after the first 16 hours have been completed.
      6. (F) The driving safety course provider shall submit dates of instructor development course offerings for the 16-hour training that covers techniques of instruction and in-depth familiarization with the material contained in the driving safety curriculum, locations, class schedules, and scheduled instructor trainers' names and license numbers before the courses are offered. The 12-hour practical-teaching portion of the instructor development course shall be provided at properly licensed schools or classrooms approved to offer the course being provided.

   3. (3) Continuing education courses.

      1. (A) Each course provider will be responsible for receiving an approval for a minimum of a two-hour continuing education course. Each instructor currently endorsed to teach the course must attend the approved continuing education course conducted by the course provider.

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

         1. (i) a description of the plan by which the course will be presented;
         2. (ii) the subject of each unit;
         3. (iii) the instructional objectives of each unit;
         4. (iv) time to be dedicated to each unit;
         5. (v) instructional resources for each unit, including names or titles of presenters and facilitators;
         6. (vi) any information that the department mandates to promote the quality of the education being provided; and
         7. (vii) a plan by which the course provider will monitor and ensure attendance and completion of the course by the instructions within the guidelines set forth in the course.

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

         1. (i) the course is designed to enhance the instructional skills, methods, or knowledge of the driving safety instructor;
         2. (ii) the course pertains to subject matters that relate directly to driving safety instruction, instruction techniques, or driving safety-related subjects;
         3. (iii) the course has been designed, planned, and organized by the course provider. The course provider shall use licensed driving safety instructors to provide instruction or other individuals with recognized experience or expertise in the area of driving safety instruction or driving safety-related subject matters. Evidence of the individuals' experience or expertise may be requested by the division;
         4. (iv) the course contains updates or approved revisions to the driving safety course curriculum, policies or procedures, and/or any changes to the course, that are affected by changes in traffic laws or statistical data; and
         5. (v) any technology used to present a continuing education course meets reasonable standards for determining attendance, security, and testing.
2. (b) Course providers shall submit documentation on behalf of schools applying for approval of additional courses after the original approval has been granted. The documents shall be designated by the division and include 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.
3. (c) If an approved course is discontinued, the division 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 division 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 division, the refunds must be made no later than 30 days after the course was discontinued. Any course discontinued shall be removed from the list of approved courses.
4. (d) 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 commissioner shall notify the applicant, setting forth the reasons for denial in writing.

5. (e) The department may revoke approval of any course given to a course owner, provider, or school under any of the following circumstances.

   1. (1) Any information contained in the application for the course approval is found to be untrue.
   2. (2) The school has failed to maintain the faculty, facilities, equipment, or courses of study on the basis of which approval was issued.
   3. (3) The school and/or course provider has been found to be in violation of the Code, and/or this chapter.
   4. (4) The course has been found to be ineffective in meeting the educational objectives set forth in subsection (a)(1)(A).

Source Note:The provisions of this §84.502 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.