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TITLE 16ECONOMIC REGULATION
PART 4TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 84DRIVER EDUCATION AND SAFETY
SUBCHAPTER CDRIVER EDUCATION SCHOOLS AND INSTRUCTORS
RULE §84.43Driver Education Certificates

(a) General provisions applicable to the handling of driver education certificates and driver education certificate numbers by relevant driver training entities.

  (1) A licensed driver education school, exempt driver education school, public school, education service center (ESC), parent taught driver education course provider, college or university (collectively, as appropriate, referred to as "relevant driver training entities") may request the serially numbered driver education certificates and/or certificate numbers by submitting an order form prescribed by the department stating the number of driver education certificates and/or certificate numbers to be purchased and include payment of all appropriate fees. A mailed or faxed order form shall have the signature of an authorized representative of the aforementioned relevant driver training entities. A signature is not required for orders placed through the online system.

  (2) Unassigned or blank driver education certificates and/or certificate numbers shall not be transferred between relevant driver training entities.

  (3) Each relevant driver training entity shall maintain effective protective measures to ensure that driver education certificates and/or certificate numbers are secure.

  (4) All unaccounted driver education certificates and/or certificate numbers shall be reported to the department within fifteen (15) working days of the discovery of the incident. In addition, each relevant driver training entity shall be responsible for conducting an investigation to determine the circumstances surrounding their unaccounted driver education certificates. A report of the findings of the investigation, including preventative measures for recurrence, shall be submitted to the department within thirty (30) calendar days of the discovery.

  (5) Each relevant driver training entity shall return unissued driver education certificates and/or certificate numbers to the department within thirty (30) calendar days from the date of the discontinuance of the driver education program, unless otherwise notified.

  (6) Each relevant driver training entity shall issue driver education certificates and/or certificate numbers in serial number order as purchased from the department.

  (7) Each relevant driver training entity shall issue driver education certificates and/or driver education certificate numbers only to students who have successfully completed the applicable portion of the approved driver education course.

  (8) If a duplicate driver education certificate or driver education certificate number is to be issued, the duplicate shall indicate the control number of the original driver education certificate or driver education certificate number.

  (9) Each relevant driver training entity shall maintain reconciliation records of purchased, issued, unissued and/or unassigned driver education certificates and/or driver education certificate numbers in ascending control number order. The reconciliation records shall be readily available for review by representatives of the department. Each relevant driver training entity shall ensure security and loss prevention of the reconciliation record data.

  (10) Each relevant driver training entity shall ensure that effective measures are taken to preclude lost data and that a system is in place to recreate electronic data for all driver education certificates and/or driver education certificate numbers purchased, issued and unissued.

  (11) An ADE-1317 driver education certificate and/or certificate number shall not be used to replace a DE-964 driver education certificate and/or certificate number.

  (12) Each unaccounted or missing original or duplicate course driver education completion certificate number or blank or unissued original or duplicate driver education certificate may be considered a separate violation. This may include lost, missing, stolen, or otherwise unaccounted original or duplicate driver education certificate numbers or blanks or unissued original or duplicate driver education certificates.

  (13) The driver education certificate is a government record as defined under Texas Penal Code, §37.01(2). Any misrepresentation by the applicant or person issuing the driver education certificate may result in suspension or revocation of instructor credentials or program approval and/or criminal prosecution.

  (14) The right to receive driver education certificates may be immediately suspended for a period determined by the department if:

    (A) a department investigation is in progress and the department has reasonable cause to believe the certificates have been misused or abused or that adequate security was not provided; or

    (B) the relevant driver training entity or its designee fails to provide information on records requested by the department within the required time.

(b) Licensed driver education school responsibilities.

  (1) Only primary driver education schools shall order driver education certificates. The primary driver education school shall maintain a record reconciling all driver education certificates that are distributed by the primary driver education school to branch driver education schools and contract sites.

  (2) A licensed driver education school shall issue driver education certificates only to students who have successfully completed the applicable elements of the approved driver education course.

    (A) The "For Learner License Only" portion of the DE-964 certificate shall be issued to the student upon completion of Module One of the Program of Organized Instruction for Driver Education and Traffic Safety.

    (B) The "For Driver License Only" portion of the DE-964 certificate shall be issued to the student upon completion of the driver education program.

    (C) The exception to subparagraphs (A) and (B) is a request for transfer by the parent or legal guardian of the student. The transfer policy will be followed to comply with the parent or legal guardian request for transfer.

  (3) The DPS copy of a driver education certificate must contain the original signature of the TDLR licensed instructor. The name of the driver education school owner or its designee may be written, stamped, or typed.

(c) Parent taught driver education course providers responsibilities.

  (1) The parent taught driver education course provider shall issue DE-964 certificates only to students who have successfully completed the applicable elements of the approved parent taught driver education course.

    (A) The parent taught driver education course provider shall receive proof the student has completed Module One of the Program of Organized Instruction for Driver Education and Traffic Safety before issuing the "For Learner License Only" portion of the DE-964 certificate.

    (B) The parent taught driver education course provider shall receive proof the student has completed the approved parent taught driver education before issuing the "For Driver License Only" portion of the DE-964 certificate.

    (C) The exception to subparagraphs (A) and (B) is a request for transfer by the parent or legal guardian of the student. The parent taught driver education course provider shall complete the transfer DE-964 certificate to indicate the completion of Module One, or the entire classroom hours.

  (2) The name of the owner of the parent taught driver education course or its designee may be written, stamped, or typed.

(d) Public Schools, Education Service Centers, Colleges or Universities responsibilities.

  (1) The driver education certificates shall be issued to the superintendent, college or university chief school official, ESC director, or their designee to be responsible for managing the certificates for the school. This does not remove the superintendent, college or university chief school official, or ESC director from obligations pursuant to this subchapter to oversee the program.

  (2) The department will accept purchase requisitions from school districts.

  (3) Each superintendent, college or university chief school official, ESC director, or their designee shall ensure that the policies concerning driver education certificates are followed by all individuals who have responsibility for the certificates.

  (4) The superintendent, college or university chief school official, ESC director, or their designee must ensure that employees complete, issue, or validate a driver education certificate only to a person who has successfully completed the entire portion of the course for which the driver education certificate is being used.

    (A) The "For Learner License Only" portion of the driver education certificate shall be issued to the student upon completion of Module One of the Program of Organized Instruction for Driver Education and Traffic Safety.

    (B) The "For Driver License Only" portion of the driver education certificate shall be issued to the student upon completion of the driver education program.

    (C) The exception to subparagraphs (A) and (B) is a request for transfer by the parent or legal guardian of the student. The transfer policy will be followed to comply with the parent or legal guardian request for transfer.

  (5) The DPS copy of a driver education certificate must contain the original signature of the certified instructor. The name of the superintendent, college or university chief school official, ESC director, or their designee may be written, stamped, typed, or omitted.

  (6) The superintendent, college or university chief school official, ESC director, or their designee shall complete the affidavit on the driver education certificate if the certified instructor has left the driver education program, seriously ill or deceased.

  (7) The right to receive DE-964 certificates may be immediately suspended for a period determined by the department if:

    (A) a department investigation is in progress and the department has reasonable cause to believe the certificates have been misused or abused or that adequate security was not provided; or

    (B) the superintendent, college or university chief school official, ESC director, or their designee fails to provide information on records requested by the department within the allotted time.


Source Note: The provisions of this §84.43 adopted to be effective September 1, 2020, 45 TexReg 6069

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