1. (a) This section contains requirements for specialized driving safety courses, instructor development courses, and continuing education. 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 of this title (relating to Driving Safety Course Alternative Delivery Method), all course content shall be delivered under the direct observation of a specialized driving safety 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 and approved prior to being offered. Approval will be revoked for any course that meets the definition of inactive as defined in §84.2(14).

   1. (1) Specialized driving safety courses.

      1. (A) Educational objectives. The educational objectives of specialized driving safety courses shall include, but not be limited to improving the student's knowledge and use of, compliance with, and attitude toward the use of child passenger safety seat systems and the wearing of seat belt and other occupant restraint systems.

      2. (B) Specialized 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 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 goal and philosophy relative to occupant protection;
         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) appropriate criteria to determine course completion. 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) provisions for the completion of makeup work. 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 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 specialized 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 of which at least 200 minutes shall address the use of child passenger safety seat systems and the wearing of seat belt and other occupant restraint systems.
         2. (ii) The total length of the course shall consist of a minimum of 360 minutes.
         3. (iii) Sixty 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) Specialized driving safety classrooms must have 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 specialized driving safety instructor or school shall make a material effort to establish the identity of the student.

      4. (D) Minimum course content. A specialized driving safety course shall include, as a minimum, four hours of instruction that encourages the use of child passenger safety seat systems and the wearing of seat belts, etc., and 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; and
            4. (IV) student course evaluation procedures.

         2. (ii) The occupant protection problem--minimum of 15 minutes (instructional objectives--to develop an understanding of Texas occupant protection laws and the national and state goals regarding occupant protection). Instruction shall address the following topics:

            1. (I) identification of Texas Occupant Protection Laws;
            2. (II) deaths, injuries, and economic losses related to improper use of occupant restraint systems; and
            3. (III) national and state goals regarding occupant protection.

         3. (iii) Factors influencing driver performance--(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;
            2. (II) alcohol and other drugs;
            3. (III) physical condition;
            4. (IV) knowledge of driving laws and procedures; and
            5. (V) understanding the driving task.

         4. (iv) Physical forces that influence driver control--(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.).

         5. (v) Perceptual skills needed for driving--(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.

         6. (vi) Occupant protection equipment--minimum of 25 minutes (instructional objective--to identify the improvements and technological advances in automotive design and construction). Instruction shall address the following topics:

            1. (I) anti-lock brakes;
            2. (II) traction control devices;
            3. (III) suspension control devices;
            4. (IV) electronic stability/active handling systems;
            5. (V) crumple zones;
            6. (VI) door latch improvements;
            7. (VII) tempered or safety glass;
            8. (VIII) headlights; and
            9. (IX) visibility enhancements.

         7. (vii) Occupant restraint systems--minimum of 40 minutes (instructional objective--to identify the rationale for having and using occupant restraints and protective equipment). Instruction shall address the following topics:

            1. (I) safety belts, airbags, and other protective equipment;
            2. (II) proper usage and necessary precautions;
            3. (III) vehicle control and driver stability;
            4. (IV) crash dynamics and protection; and
            5. (V) operational principles (active versus passive).

         8. (viii) Child passenger safety--minimum of 120 minutes (instructional objective--to understand the child passenger safety law in Texas; the importance of child safety seats; and the risks to children that are unrestrained or not properly restrained). Instruction shall address the following topics:

            1. (I) misconceptions or mistaken ideas regarding child passenger safety;
            2. (II) purpose of child safety seats;
            3. (III) how to secure the child properly and factors to consider;
            4. (IV) child safety seat types and parts;
            5. (V) precautions regarding child safety seats;
            6. (VI) correct installation of a child safety restraint system;
            7. (VII) tips regarding child safety restraint systems; and
            8. (VIII) dangers involved in locking or leaving children in vehicles unattended.
         9. (ix) Comprehensive examination--minimum of five minutes (this shall be the last unit of instruction).
         10. (x) The remaining 30 minutes of instruction shall be allocated to the topics included in the minimum course content or to additional occupant protection 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 specialized driving safety course described in the applicant's specialized 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 specialized driving safety 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 specialized driving safety course and the instructor training course. The comprehensive examination for each specialized driving safety course must include at least two questions from each unit, excluding the course introduction and comprehensive examination units. 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 unless alternative testing is required. Instructors may not be certified or students given credit for the specialized 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 shall be authored by an individual who possesses a current or past National Highway Traffic Safety Association Child Passenger Safety technician or instructor certificate.

   2. (2) Specialized driving safety instructor development courses.

      1. (A) If the alternative instructor training in §84.64 of this chapter (relating to Driving Safety Instructor License Requirements) is not applicable, specialized 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 specialized driving safety course to be taught, under the supervision of a specialized 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 the 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 specialized driving safety instructor development course shall be signed by the course provider. Original documents shall be submitted.
      4. (D) Specialized driving safety instructor development courses may be offered at approved classroom facilities of a licensed school which is approved to offer the specialized course being taught. A properly licensed instructor trainer shall present the course.
      5. (E) Applicants shall complete 28 hours of training in the specialized driving safety curriculum that shall be taught. Of the 28 hours, 16 hours shall cover techniques of instruction and in-depth familiarization with materials contained in the specialized driving safety curriculum. The additional 12 hours shall consist of practical teaching with students and shall occur after the first 24 hours have been completed.
      6. (F) The 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 specialized 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 ensure 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 constitutes an organized program of learning that enhances the instructional skills, methods, or knowledge of the specialized driving safety instructor;
         2. (ii) the course pertains to subject matters that relate directly to driving safety or specialized safety instruction, instruction techniques, or driving safety-related subjects;
         3. (iii) the entire course has been designed, planned, and organized by the course provider. The course provider shall use licensed driving safety or specialized driving safety instructors to provide instruction or other individuals with recognized experience or expertise in the area of driving safety or specialized 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 specialized 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) the division determines that 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 thirty (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 §84.503 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective March 15, 2018, 43 TexReg 1431.