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TITLE 16ECONOMIC REGULATION
PART 4TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 84DRIVER EDUCATION AND SAFETY
SUBCHAPTER GGENERAL BUSINESS PRACTICES
RULE §84.81Recordkeeping Requirements

(a) Driver Education Schools Recordkeeping Requirements.

  (1) A driver education school shall accurately complete all school 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 by authorized representatives of the department. The records shall include timecards for instructors and schedules that reflect the duties and instruction times for instructors that correlate to the times that are shown on timecards.

  (2) The schools shall retain all student records for at least three years. A school shall maintain the records of the students who completed driver education classes at the site of instruction for the most current twelve (12) months. The school owner shall maintain all other driver education records at a location accessible by the school owner after twelve (12) months. All records pertaining to each completed student must be kept at one location. Schools with no current enrollment may request approval from the department to transfer records to the primary school or another approved location.

  (3) The school shall maintain a written or electronic daily record of attendance for all students enrolled at the instruction site. The record shall include the information specified in this subsection.

    (A) Attendance records shall include legend entries. Each entry made on the legend must be made by using symbols, abbreviations, or other appropriate markings to indicate the following:

      (i) absent;

      (ii) makeup;

      (iii) present;

      (iv) date; and

      (v) time.

    (B) The individual student record form (classroom) for all students, including completed, terminated, or withdrawn, shall include the following:

      (i) name and classroom address of the school;

      (ii) full name, full address, telephone number of the student, and date of birth;

      (iii) date instruction terminated, if applicable;

      (iv) month, day, year, and start and end time of instruction;

      (v) each unit of instruction;

      (vi) grade earned for each unit, if applicable;

      (vii) instruction hours for classroom;

      (viii) initials of each instructor providing the classroom. The instructor's signature and license number shall appear at least once on the form. If applicable, a licensed supervising teacher, licensed driver education teacher or school owner shall sign or stamp all completed classroom instruction records;

      (ix) beginning and ending dates of the classroom phase; and

      (x) a written certification signed by student and instructor that the record is true and correct.

    (C) The individual student record form (in-car instruction) shall contain the following entries:

      (i) month, day, year, and start and end time of instruction;

      (ii) each lesson of instruction;

      (iii) score earned for each lesson;

      (iv) name of student;

      (v) driver or learner license number held by student; and

      (vi) instructor's name and license number or instructor initials (if instructor's name and license number appears at least one time on the record).

    (D) Each driver education school shall retain a copy of the DE-964 or ADE-1317 in the appropriate student files.

    (E) Each driver education school shall, upon request, furnish each individually contracted student a duplicate of his or her instruction record when all of the courses contracted for are completed or the student otherwise ceases taking instruction at or with the school, providing all financial obligations have been met by the student.

    (F) Driver education schools shall not release student records that identify the student by name or address, or may lead to such identification, except:

      (i) to authorized representatives of the department;

      (ii) to a peace officer;

      (iii) under court order or subpoena; or

      (iv) with written consent of both the student and at least one parent or legal guardian, if the student is under 18 years of age.

(b) Driving Safety Schools Recordkeeping Requirements.

  (1) A driving safety school or course provider shall 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 by authorized representatives of the department.

  (2) The course provider shall retain all student records for at least three years. A course provider shall maintain the records of the students who completed driving safety or specialized driving safety classes for the most current twelve (12) months at the course provider location. The actual driving safety or specialized driving safety comprehension test does not have to be retained; however, the test score must be in the student's records. The department may require a course provider to retain the actual test of each student for a designated period of time if deemed necessary by the department to show compliance with the legal requirements.

  (3) A course provider shall maintain a permanent record of instruction given to each student who received instruction to include students who withdrew or were terminated.

  (4) A course provider shall not release student records that identify the student by name or address, or may lead to such identification, except:

    (A) to authorized representatives of the department;

    (B) to a peace officer;

    (C) under court order or subpoena; or

    (D) with written consent of both the student and at least one parent or legal guardian, if the student is under 18 years of age.

(c) Drug and Alcohol Awareness Schools Recordkeeping Requirements.

  (1) A drug and alcohol driving awareness school or course provider shall 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 by authorized representatives of the department.

  (2) The school shall retain all student records for at least three years. The actual pre- and post-program exams do not have to be retained; however, the exam scores must be in the student's records.


Source Note: The provisions of this §84.81 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective September 1, 2020, 45 TexReg 6069

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