| (a) A driver training provider must accurately complete
all records and applications and furnish upon request any data pertaining
to student enrollments and attendance, as well as records and necessary
data required for licensure and to show compliance with the legal
requirements for inspection or audit to authorized representatives
of the department. The records must include timecards for driver education
instructors and schedules that reflect the duties and instruction
times for instructors that correlate to the times that are shown on
timecards.
(b) The driver training provider must retain all student
records for at least three years. A driver training provider must
maintain access to the records for the students who completed driver
training at its licensed location within the last twelve (12) months.
The driver training provider must maintain all other driver training
records at a location accessible by the provider after twelve (12)
months. Providers with no current enrollment may request approval
from the department to transfer records to the primary provider or
another licensed location.
(c) A driver training provider must maintain a written
or electronic daily record of attendance, including makeup sessions,
if applicable, for all students enrolled with the provider.
(d) Each driver training provider must retain a copy
of the DE-964, ADE-1317, or uniform certificate of course completion
for driving safety in the appropriate student files.
(e) Each driver training provider must, upon request,
furnish each individually contracted student a duplicate of his or
her instruction record when all the courses contracted for are completed
or the student otherwise ceases taking instruction at or with the
provider, provided all financial obligations have been met by the
student.
(f) Driver Education Provider Student Records.
(1) The individual student record form (classroom instruction)
for all students must include the following:
(A) the name, license number, and address of the provider;
(B) the full name, full address, telephone number of
the student, and date of birth;
(C) the date instruction terminated, if applicable;
(D) the date(s) of instruction;
(E) each topic of instruction completed;
(F) the grade earned for each unit, if applicable;
and
(G) the initials of each instructor providing the classroom
instruction. The instructor's signature and license number shall appear
at least once on the form.
(2) The individual student record form (in-car instruction)
must contain the following entries:
(A) the full name, full address, telephone number of
the student, and date of birth;
(B) the date(s) of instruction;
(C) each lesson of instruction;
(D) the score earned for each lesson;
(E) the driver or learner license number held by the
student; and
(F) the instructor's name and license number or instructor
initials (if the instructor's name and license number appears at least
one time on the record).
(g) Each driver education provider must report certificate
data in a manner and format prescribed by the Department within 15
calendar days after the certificate issuance for each phase. This
includes the "For Learner License Only" portion of the Texas Driver
Education Certificate and the "For Driver License Only" portion of
the Texas Driver Education Certificate.
(h) Driver education providers must not release student
records that identify the student by name or address, or may lead
to such identification, except:
(1) to authorized representatives of the department;
(2) to a peace officer;
(3) under court order or subpoena; or
(4) with written consent of both the student and at
least one parent or legal guardian if the student is under 18 years
of age.
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