| (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.
(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.
(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.
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