|(a) Written or electronic records of student attendance
shall be prepared daily to document the attendance and absence of
the students. A student must make up any time missed. Electronic signatures
shall comply with Texas Business and Commerce Code, Chapter 322.
(b) Schools are allowed five minutes of break per instructional
(c) Driver education training provided by the school
is limited to five hours per day. Classroom instruction shall not
exceed two hours per day, excluding makeup work. In-car instruction
provided by the school shall not exceed three hours per day as follows:
(1) three hours or less of in-car training; however,
behind-the-wheel instruction is limited to one hour per day, except
as provided in subsection (d); or
(2) three hours or less of simulation instruction;
(3) three hours or less of multicar range instruction;
(4) any combination of the methods delineated in this
subsection that does not exceed three hours per day.
(d) A two-hour increment of behind-the-wheel instruction
may be offered once during the behind-the-wheel instruction for each
student and shall include 10 minutes of instructional break after
55 minutes of instruction as identified in §84.500 (relating
to Courses of Instruction for Driver Education Schools).
(e) A student must complete the hours of instruction
for the required classroom and in-car phases of the minor and adult
driver education course, including any makeup lessons, within the
timeline specified in the original student enrollment contract.
(f) Schools shall develop a makeup policy subject to
review by the department upon request. Schools shall not initiate
nor encourage absences. Makeup policies shall adhere to the following
(1) For a policy that allows a student to attend a
missed lesson on the same date or at a later date at a regularly scheduled
class, the class shall be engaged in the same lesson the student missed
(2) For a policy that allows a student to perform an
individual makeup lesson, a sample of each makeup lesson, clearly
labeled as "makeup for the driver education course," shall be available
for review by the department at the school. Each lesson shall be clearly
identified as a makeup lesson and identified as to the units of instruction
to be covered. Evidence of makeup completed outside of regularly scheduled
classroom instruction shall be placed in the student file.
(3) All absences are subject to the attendance policy
regardless of whether the student attends makeup lessons.
(4) Students may be allowed to complete up to ten hours
of classroom makeup work assignments outside of regularly scheduled
(g) A school may allow a student to attend an alternative
class on the same calendar day if the sequence of instruction will
be maintained by the identical lesson being offered. The student instruction
record shall reflect the time of day the alternative class was attended.
A student selecting alternative scheduling shall not be considered
(h) Except as provided in subsection (f), the enrollment
of students who do not complete all required instructional hours within
the timelines specified in the original student enrollment contract
will be terminated.
(i) Variances to the timelines for completion of the
driver education instruction stated in the original student enrollment
contract may be made at the discretion of the school owner and must
be agreed to in writing by the parent or guardian.