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TITLE 16ECONOMIC REGULATION
PART 4TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 84DRIVER EDUCATION AND SAFETY
SUBCHAPTER EDRIVING SAFETY SCHOOLS, COURSE PROVIDERS AND INSTRUCTORS
RULE §84.61Driving Safety School and Course Provider Responsibilities

(a) Course providers must be located, or maintain a registered agent, in the State of Texas. All instruction in a driving safety or specialized driving safety course shall be performed in locations approved by the department and by department licensed instructors. However, a student instructor trainee may teach the 12 hours necessary for licensing in a department approved location under the direction and in the presence of a licensed driving safety or specialized driving safety instructor trainer who has been trained in the curriculum being instructed.

(b) Each course provider or employee shall:

  (1) ensure that instruction of the course is provided in schools currently approved to offer the course, and in the manner in which the course was approved;

  (2) maintain a current mailing address with the department;

  (3) ensure that the course is provided by persons who have a valid current instructor license with the proper endorsement issued by the department, except as provided in subsection (a);

  (4) ensure that schools and instructors are provided with the most recent approved course materials and relevant data and information pertaining to the course within sixty (60) days of approval. Instructor training may be required and shall be addressed in the approval notice;

  (5) ensure that applications for licenses or approvals are forwarded to the department within ten (10) days of receipt at the course provider facilities;

  (6) ensure that instructor performance is monitored. A written plan describing how instructor performance will be monitored and evaluated shall be provided to the schools. The plan shall identify the criteria upon which the instructors will be evaluated, the procedure for evaluation, the frequency of evaluation (a minimum of once a year), and the corrective action to be taken when instructors do not meet the criteria established by the course provider. The instructor evaluation forms must be kept on file either at the course provider or school location for a period of one year;

  (7) develop and maintain a means to ensure the security and integrity of student information, especially financial and personal information, in transit and at rest;

  (8) develop and maintain a means to ensure the privacy of student data, including personal and financial data, and make the corporate privacy policy available to all course students;

  (9) submit a plan for the electronic issuance of uniform certificates of course completion for approval by the department prior to its implementation;

  (10) issue uniform certificates of course completion that comply with the certificate design specifications approved by the department;

  (11) develop and maintain a department-approved method for issuing original and duplicate uniform certificates of course completion that, to the greatest extent possible, prevents the unauthorized production, alteration, or misuse of the certificates;

  (12) report original and duplicate certificate data, by secure electronic transmission, to the department within five (5) days of issuance using guidelines established and provided by the department. The issue date indicated on the certificate shall be the date the course provider issues the certificate to the student.

(c) Each driving safety school owner-operator or employee shall:

  (1) ensure that each individual permitted to give instruction at the school or any classroom location has a valid current instructor's license with the proper endorsement issued by the department, except as provided in subsection (a);

  (2) prohibit an instructor from giving instruction or prohibit a student from receiving instruction if that instructor or student exhibits any effects of being intoxicated or otherwise impaired;

  (3) provide instruction or allow instruction to be provided only in courses that are currently on the school's list of approved courses;

  (4) evaluate instructor performance in accordance with the course provider plan;

  (5) develop and maintain a means to ensure the security and integrity of student information, especially financial and personal information, in transit and at rest;

  (6) pay a fee to the course provider that is equal to the fee paid by the course provider to the department for course completion certificate numbers for original certificates provided for the students of that school within seven (7) calendar days of the date each student successfully completes the driving safety course.


Source Note: The provisions of this §84.61 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective November 1, 2018, 43 TexReg 6948

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