PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 84. DRIVER EDUCATION AND SAFETY
SUBCHAPTER M. CURRICULUM AND ALTERNATIVE METHODS OF INSTRUCTION
The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 84, Subchapter M, §84.500 and §84.502, regarding the Driver Education and Safety (DES) program. These proposed changes are referred to as "proposed rules."
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The rules under 16 TAC, Chapter 84, implement Texas Education Code, Chapter 1001, Driver and Traffic Safety Education.
The proposed rules are necessary to implement Senate Bill (SB) 2304, Section 3, 88th Legislature, Regular Session (2023), which amend Texas Education Code, Chapter 1001, to require that the curriculum of each driver education and driving safety course include information relating to the Texas Driving with Disability Program (program).
The program is designed, in collaboration with the Department, the Department of Public Safety, the Texas Department of Motor Vehicles, and the Governor's Committee on People with Disabilities, to develop informational materials for prospective students with a health condition or disability that may impede effective communication with a peace officer and receive special education services. Such information will provide an affected person with the option to voluntarily list any health condition with a peace officer on a person's vehicle registration information or on an application for an original driver's license. This information may serve to reduce issues that can arise at a traffic stop by alerting the peace officer that a motorist has a disability or health condition that affects effective communication at the start of the encounter. The information developed by these organizations, upon completion, will be placed on the Department website for the DES program, and incorporated within its Program Guides as part of a future rulemaking.
SECTION-BY-SECTION SUMMARY
The proposed rules amend §84.500, Courses of Instruction for Driver Education Providers, by: (1) including the Texas Driving with Disabilities Program, adopted by SB 2304, in the educational objectives for driver training course curricula; and (2) reorganizing supplemental educational objectives within the rule section.
The proposed rules amend §84.502, Driving Safety Courses of Instruction, to include the Texas Driving with Disabilities Program, adopted by SB 2304, in the educational objectives for driving safety course curricula.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT
Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, enforcing or administering the proposed rules does not have foreseeable implications relating to costs or revenues of state governments.
Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, enforcing or administering the proposed rules does not have foreseeable implications relating to costs or revenues of local governments.
LOCAL EMPLOYMENT IMPACT STATEMENT
Mr. Couvillon has determined that the proposed rules will not affect a local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.
PUBLIC BENEFITS
Mr. Couvillon also has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be that the proposed rules will facilitate a better understanding of the benefits offered to people in Texas who drive with disabilities by informing them and all students of the Texas Driving with Disabilities Program. The program provides more modes of awareness informing others of communication impediments for affected drivers, how individuals with such disabilities can interact with police officers, and makes additional information available to law enforcement about the impediment. This awareness helps promote the safety of officers and individuals driving with disabilities during traffic encounters.
PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL
Mr. Couvillon has determined that for each year of the first five-year period the proposed rules are in effect, there are no economic costs to persons who are required to comply with the proposed rules. All driver education school courses of instruction will have to be altered as to time and content to include information on the Texas Driving with Disabilities Program. While changing the content of their courses could result in a small cost to some providers, these costs are anticipated to be minimal, if any.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, are not required.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT
The proposed rules do not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Government Code §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT
Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed rules will be in effect, the agency has determined the following:
1. The proposed rules do not create or eliminate a government program.
2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.
3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.
4. The proposed rules do not require an increase or decrease in fees paid to the agency.
5. The proposed rules do not create a new regulation.
6. The proposed rules expand an existing regulation. The proposed rules expand an existing regulation by adding a new educational objective for driver training courses by requiring the inclusion of information in curricula about the Texas Driving with Disabilities Program.
7. The proposed rules do not increase or decrease the number of individuals subject to the rules' applicability.
8. The proposed rules do not positively or adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT
The Department has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Government Code §2007.043.
PUBLIC COMMENTS
Comments on the proposed rules may be submitted electronically on the Department's website at https://ga.tdlr.texas.gov:1443/form/gcerules ; by facsimile to (512) 475-3032; or by mail to Shamica Mason, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapter 51 and Texas Education Code, Chapter 1001, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapter 51 and Texas Education Code, Chapter 1001. No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is Senate Bill 2304, 88th Legislature, Regular Session (2023).
§84.500.Courses of Instruction for Driver Education Providers.
(a) The educational objectives of driver training courses must 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; information relating to human trafficking prevention in accordance with the provisions of the Julia Wells Act (Senate Bill 1831, Section 3, 87th Regular Legislature (2021)); information relating to the Texas Driving with Disabilities Program (Senate Bill 2304, 88th Regular Legislature (2023)); litter prevention; anatomical gifts; safely operating a vehicle near oversize or overweight vehicles; the passing of certain vehicles as described in Transportation Code §545.157; the dangers and consequences of street racing; leaving children in vehicles unattended; distractions; motorcycle awareness; alcohol awareness and the effect of alcohol on the effective operation of a motor vehicle; recreational water safety; reducing traffic violations, 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.
[(a) The educational objectives of
driver training courses must 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 (2017)); 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.]
(b) This subsection contains requirements for driver education courses. All course content and instructional material must 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 must 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 provider.
(1) Minor and adult driver education course.
(A) The driver education classroom phase for students age 14 and over must consist of:
(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
(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 must not be substituted for these 30 hours of instruction. Driver education training endorsed by the parent is limited to one hour per day.
(B) Providers 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.
(C) Driver education course curriculum content, minimum instruction requirements, and administrative guidelines for classroom instruction, in-car instruction, simulation, and multicar range must include the educational objectives established by the department in the POI-DE and the requirements of this subchapter.
[(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 must 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 must include information relating to human trafficking
prevention in accordance with the provisions of the Julia Wells Act
(Senate Bill 1831, Section 3, 87th Regular Legislature (2021)); litter
prevention; anatomical gifts; safely operating a vehicle near oversize
or overweight vehicles; the passing of certain vehicles as described
in Transportation Code §545.157; the dangers and consequences
of street racing; 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.]
(D) Driver education providers that desire to instruct students age 14 and over in a traditional classroom program must provide the same beginning and ending dates for each student in the same class of 36 or less. No student must be allowed to enroll and start the classroom phase after the seventh hour of classroom instruction has begun.
(E) Students must proceed in the sequence identified by and approved for that driver education provider.
(F) Students must receive classroom instruction from an instructor who is approved and licensed by the department. An instructor must be in the classroom and available to students during the entire 32 hours of instruction, including self-study assignments. Instructors must not have other teaching assignments or administrative duties during the 32 hours of classroom instruction.
(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.
(H) Self-study assignments occurring during regularly scheduled class periods must not exceed 25 percent of the course and must be presented to the entire class simultaneously.
(I) Each classroom student must 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.
(J) A copy of the current edition of the "Texas Driver Handbook" or instructional materials that are equivalent must be furnished to each student enrolled in the classroom phase of the driver education course.
(K) Each student, including makeup students, must be provided their own seat and table or desk while receiving classroom instruction. A provider must 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 provider's location.
(L) When a student changes providers, the provider must follow the current transfer policy developed by the department.
(M) All classroom phases of driver education, including makeup work, must be completed within the timelines stated in the original student contract. This must not circumvent the attendance and progress requirements.
(N) All in-car lessons must consist of actual driving instruction. No provider must permit a ratio of more than four students per instructor or exceed the seating and occupant restraint capacity of the vehicle used for instruction. Providers that allow one-on-one instruction shall notify the parents in the contract.
(O) A student must have a valid driver's license or learner license in his or her possession during any behind-the-wheel instruction.
(P) All in-car instruction provided by the provider must begin no earlier than 5:00 a.m. and end no later than 11:00 p.m.
(Q) A provider 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.
(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.
(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.
(T) Each provider owner that teaches driver education courses must 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.
(U) The instructor must be physically present in appropriate proximity to the student for the type of instruction being given. A driver education instructor, or provider owner must sign or stamp all completed classroom instruction records.
(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.
(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.
(i) Application. The driver education provider must submit a completed application along with the appropriate fee.
(ii) Instructor license required. Students must receive classroom instruction from a licensed driver education instructor.
(iii) Minimum course content. The driver education course exclusively for adults must consist of six clock hours of classroom instruction that meets the minimum course content and instruction requirements contained in the POI-Adult Six-Hour.
(iv) Course management. An approved adult driver education course must be presented in compliance with the following guidelines.
(I) The instructor must be physically present in appropriate proximity to the student for the type of instruction being given. A licensed driver education instructor, or provider owner must sign or stamp all completed classroom instruction records.
(II) A copy of the current edition of the "Texas Driver Handbook" or study material that is equivalent must be furnished to each student enrolled in the course.
(III) Self-study assignments, videos, tape recordings, guest speakers, and other instructional media that present topics required in the course must not exceed 150 minutes of instruction.
(IV) Each student, including makeup students, must be provided their own seat and table or desk while receiving classroom instruction. A provider must 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 provider's location.
(V) All classroom instruction, including makeup work, must be completed within the timelines stated in the original student contract.
(VI) A minimum of 330 minutes of instruction is required.
(VII) The total length of the course must consist of a minimum of 360 minutes.
(VIII) Thirty minutes of time, exclusive of the 330 minutes of instruction, must be dedicated to break periods or to the topics included in the minimum course content.
(IX) Students must 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.
(X) The driver education provider must make a material effort to establish the identity of the student.
(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.
(i) Application. The applicant for an online driver education provider license must submit a completed application along with the appropriate fee.
(ii) Request for approval. The request for approval must include a syllabus cross-reference, contract, and instructional records.
(iii) Online Provider license required. A person or entity offering an online driver education course exclusively for adults must hold an online driver education provider license.
(I) The online driver education provider must be responsible for the operation of the online course.
(II) Students must receive classroom instruction from a licensed driver education instructor.
(iv) Course content. The online course must meet the requirements of the course identified in §1001.1015 of the Code.
(I) Course topics. The course requirements described in the POI-Adult Six-Hour must be met.
(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, must be dedicated to break periods or to the topics included in the minimum course content. All break periods must be provided after instruction has begun and before the comprehensive examination and summation.
(III) Required material. A copy of the current edition of the "Texas Driver Handbook" or study material that is equivalent must be furnished to each student enrolled in the course.
(IV) Editing. The material presented in the online course must be edited for grammar, punctuation, and spelling and be of such quality that it does not detract from the subject matter.
(V) Irrelevant material. Advertisement of goods and services, and distracting material not related to driver education must not appear during the actual instructional times of the course.
(VI) Minimum content. The online course must 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 must use the following methods.
(-a-) Word count. For written material that is read by the student, the course must contain the total number of words in the written sections of the course. This word count must 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 must 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.
(v) Personal validation. The online course must maintain a method to validate the identity of the person taking the course. The personal validation system must incorporate one of the following requirements.
(I) Provider-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 must appear randomly during each instructional hour, not including the final examination.
(-c-) Exclusion from the course. The online course must 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 must include a record of both answers and an explanation of the reasons why the answer was corrected.
(II) Third party data method. The online course must 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 must appear randomly during each instructional hour, not including the final examination.
(-c-) Exclusion from the course. The online course must 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 must include a record of both answers and an explanation of the reasons why the answer was corrected.
(vi) Content validation. The online course must incorporate a course content validation process that verifies student participation and comprehension of course material, including the following.
(I) Timers. The online course must include built-in timers to ensure that 330 minutes of instruction have been attended and completed by the student.
(II) Testing the student's participation in multimedia presentations. The online course must 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 must 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 must 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 must 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 must not identify the correct answer to the multimedia question.
(III) Course participation questions. The online course must 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 must 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 must be asked at the end of the major unit or section in which the topic is covered.
(-c-) Question difficulty. Course participation questions must be of such difficulty that the answer may not be easily determined without having participated in the actual instruction.
(IV) Comprehension of course content. The online course must 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 must be asked at the end of the course (comprehensive final examination).
(-c-) Question difficulty. Course content mastery questions must be of such difficulty that the answer may not be easily determined without having participated in the actual instruction.
(vii) Retest the student. If the student misses more than 30 percent of the questions asked on an examination, the online course must 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 fails the course.
(viii) Student records. The online course must 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 provider must ensure that the student record is readily, securely, and reliably available for inspection by a department representative. The student records must contain the following information:
(I) the student's first, middle, and last name;
(II) the student's date of birth and gender;
(III) a record of all questions asked and the student's responses;
(IV) the name or identity number of the staff member entering comments, retesting, or revalidating the student;
(V) both answers and a reasonable explanation for the change if any answer to a question is changed by the provider for a student who inadvertently missed a question; and
(VI) a record of the time the student spent in each unit and the total instructional time the student spent in the course.
(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.
(x) Age requirement. A person must be at least 18 years of age to enroll in a driver education course exclusively for adults.
(xi) Issuance of certificate. Not later than the 15th working day after the course completion date, the provider must issue an ADE-1317 driver education certificate only to a person who successfully completes an approved online driver education course exclusively for adults.
(xii) Access to instructor and technical assistance. The provider must establish hours that the student may access an instructor trained in the adult driver education curriculum, and for technical assistance. With the exception of circumstances beyond the control of the provider, the student must have access to the instructor and technical assistance during the specified hours.
(xiii) Additional requirements for online courses. Courses delivered via the Internet or technology must also comply with the following requirements.
(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.
(II) Navigation. The student must be provided orientation training to ensure easy and logical navigation through the course. The student must be allowed to freely browse previously completed material.
(III) Audio-visual standards. The video and audio must be clear and, when applicable, the video and audio must be synchronized.
(IV) Course identification. All online courses must display the driver education provider 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.
(V) Domain names. Each provider offering an online course must offer that online course from a single domain.
(VI) A driver education provider 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 provider offering the online course. This information must be visible before and during the student registration and course payment processes.
(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) Issuance of certificate. A licensed provider or instructor may not issue an ADE-1317 adult driver education certificate to a person who is not at least 18 years of age.
§84.502.Driving Safety Courses of Instruction.
This section contains requirements for traditional classroom driving safety courses. For each course, the following curriculum documents and materials are required to be submitted as part of the application for approval. Courses of instruction must not be approved that contain language that a reasonable and prudent individual would consider inappropriate. Any changes and updates to a course must be submitted by the driving safety provider and approved prior to being offered.
(1) Driving safety courses.
(A) Educational objectives. The educational objectives
of driving safety courses must include, but not be limited to, promoting
respect for and encouraging observance of traffic laws and traffic
safety responsibilities of drivers and citizens; information relating
to human trafficking prevention in accordance with the provisions
of the Julia Wells Act (Senate Bill 1831, Section 3, 87th Regular
Legislature (2021)); information relating to the Texas Driving
with Disabilities Program (Senate Bill 2304, 88th Regular Legislature
(2023)); 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 (2017))];
the proper use of child passenger safety seat systems; safely operating
a vehicle near oversize or overweight vehicles; the passing of certain
vehicles as described in Transportation Code §545.157; the dangers
and consequences of street racing; reducing traffic violations; reducing
traffic-related injuries, deaths, and economic losses; and motivating
continuing development of traffic-related competencies.
(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 driving safety provider must provide written declaration affirming that the translation of the course materials is true and correct in the proposed language presented. Such materials are subject to the approval of the department prior to its use in a driver safety course. To be approved, each driving safety provider must submit as part of the application a course content guide that includes the following:
(i) a statement of the course's traffic safety goal and philosophy;
(ii) a statement of policies and administrative provisions related to techniques of instruction, standards, and performance;
(iii) a statement of policies and administrative provisions related to student progress, attendance, makeup, and conduct. The policies and administrative provisions must be used by each driving safety provider that offers the course and include the following requirements:
(I) appropriate standards to ascertain the attendance of students. All driving safety providers must use appropriate standards for documenting attendance to include the hours scheduled each day and each hour not attended;
(II) 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;
(III) any period of absence for any portion of instruction will require that the student complete that portion of instruction in a manner determined by the driving safety provider; and
(IV) conditions for dismissal and conditions for re-entry of those students dismissed for violating the conduct policy;
(iv) a statement of policy addressing entrance requirements and special conditions of students such as the inability to read, language barriers, and other disabilities;
(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 must not be used in excess of 165 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;
(vi) written or printed materials to be provided for use by each student as a guide to the course. The department may make exceptions to this requirement on an individual basis;
(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 must identify the questions that will be assigned to the groups;
(viii) instructional resources for each unit;
(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
(x) a completed form cross-referencing the instructional units to the topics identified in Chapter Four of the COI-Driving Safety. A form to cross-reference the instructional units to the required topics and topics unique to the course will be provided by the department.
(C) Course and time management. Approved driving safety courses must be presented in compliance with the following guidelines and must include statistical information drawn from data maintained by the Texas Department of Transportation or National Highway Traffic Safety Administration.
(i) A minimum of 300 minutes of instruction is required.
(ii) The total length of the course must consist of a minimum of 360 minutes.
(iii) Sixty (60) minutes of time, exclusive of the 300 minutes of instruction, must be dedicated to break periods or to the topics included in the minimum course content. All break periods must be provided after instruction has begun and before the comprehensive examination and summation.
(iv) Administrative procedures such as enrollment must not be included in the 300 minutes of the course.
(v) Courses conducted in a single day in a traditional classroom setting must allow a minimum of 30 minutes for lunch.
(vi) Courses taught over a period longer than one day must provide breaks on a schedule equitable to those prescribed for one-day courses. However, all breaks must 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.
(vii) The order of topics must be approved by the department as part of the course approval, and for each student, the course must be taught in the order identified in the approved application.
(viii) Students must not receive a uniform certificate of course completion unless that student receives a grade of at least 70 percent on the final examination.
(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 must have no more than 50 students.
(x) The driving safety provider must make a material effort to establish the identity of the student.
(D) Minimum course content. Driving Safety course content, including video and multimedia, must include current statistical data, references to law, driving procedures, and traffic safety methodology, as shown in the COI-Driving Safety to assure student mastery of the subject matter.
(E) 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. The comprehensive examination for each driving safety course must include at least two questions from the required units set forth in Chapter Four, Topics Two through Twelve of the COI-Driving Safety, 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. Provider-designated persons who offer or provide instruction must not assist students in answering the final examination questions but may facilitate alternative testing. Students must not be given credit for the driving safety course unless they score 70 percent or more on the final test. The provider must 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 percent on the final examination. The provider 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.
(F) Requirements for authorship. The course materials must be written by individuals or organizations with recognized experience in writing instructional materials.
(G) Renewal of course approval. The course approval must be renewed every even-numbered year.
(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.
(ii) The department may alter the due date of the renewal documents by giving the approved course six months' notice. The department 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.
(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.
(I) The department may revoke approval of any course given to a provider under any of the following circumstances:
(2) Any information contained in the application for the course approval is found to be untrue;
(3) The school has failed to maintain the courses of study on the basis of which approval was issued;
(4) The provider has been found to be in violation of the Code, and/or this chapter; or
(5) The course has been found to be ineffective in meeting the educational objectives set forth in subsection (a)(1)(A).
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on January 11, 2024.
TRD-202400101
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: February 25, 2024
For further information, please call: (512) 463-7750