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TITLE 16ECONOMIC REGULATION
PART 4TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 84DRIVER EDUCATION AND SAFETY
SUBCHAPTER GGENERAL BUSINESS PRACTICES
RULE §84.82Student Enrollment Contracts

(a) Driver Education Schools Enrollment Contracts.

  (1) A legal written or electronic student enrollment contract shall be executed prior to the school's receipt of any money. Electronic signatures shall comply with Texas Business and Commerce Code, Chapter 322.

  (2) All driver education student enrollment contracts shall contain at least the following:

    (A) the student's legal name;

    (B) the student's address, including city, state, and zip code;

    (C) the student's telephone number;

    (D) the student's date of birth;

    (E) the full legal name and license number of the primary school or the branch school;

    (F) the specific course to be taught;

    (G) the agreed total contract charges that itemize all tuition, fees, and other charges;

    (H) the terms of payment;

    (I) the number of classroom lessons;

    (J) the length of each lesson and course;

    (K) the school's cancellation, termination, and refund policy;

    (L) a statement indicating the specific location, date, and time that classroom instruction is scheduled to begin; the date classroom instruction is scheduled to end; and the amount of time a student has to complete all classroom instruction, makeup assignments, and in-car instruction;

    (M) the number of in-car lessons;

    (N) the rate per classroom lesson;

    (O) the rate per in-car lesson;

    (P) the rates for use of a school car for a road test (if an extra charge is made);

    (Q) a statement that the school maintains a business insurance policy for vehicles with coverage as required by Texas Transportation Code, Chapter 601, and uninsured or underinsured coverage;

    (R) the signature of a school representative; and

    (S) the student's signature or, if the driver education student is younger than 18, the signature of the parent or guardian. The signature of the parent or guardian is not required for an individual younger than 18 who is, or has been, married or whose disabilities of minority have been removed generally by law. Instead, such an individual shall:

      (i) present a marriage certificate or a divorce decree (but not an annulment decree) or other satisfactory evidence of marriage or of having been married; or

      (ii) present a court order showing removal of disabilities of minority; or

      (iii) present a notarized parental authorization.

  (3) In addition, all driver education student enrollment contracts shall contain statements substantially as follows:

    (A) I have been furnished a copy of the school tuition schedule; cancellation and refund policy; and school regulations pertaining to absence, grading policy, progress, and rules of operation and conduct.

    (B) The school is prohibited from issuing a DE-964 or ADE-1317 if the student has not met all of the requirements for course completion, and the student should not accept a DE-964 or ADE-1317 under such circumstances.

    (C) This agreement constitutes the entire contract between the school and the student, and assurances or promises not contained herein shall not bind the school or the student.

    (D) I further realize that any grievances not resolved by the school may be forwarded to the Texas Department of Licensing and Regulation, Driver Education and Safety, P.O. Box 12157, Austin, Texas 78711, or by facsimile to (512) 463-9468, or electronically to: https://www.tdlr.texas.gov/help/. The current telephone numbers of the department (800-803-9202 or 512-463-6599) shall also be provided.

  (4) A copy of the enrollment contract shall be delivered to:

    (A) the student, if 18 years of age or older; or

    (B) the parent or guardian that signed the contract.

  (5) A copy of each enrollment contract shall be a part of the student files maintained by all driver education schools.

  (6) Schools shall submit proposed or amended enrollment contracts to the department.

  (7) Student enrollment contracts used at branch schools must be those approved for use at the primary school.

  (8) Driver education courses exclusively for adults may use a group contract that includes more than one student's name.

  (9) A driver education school shall provide a makeup policy to each student.

(b) Driving Safety Schools Enrollment Contracts.

  (1) No person shall be instructed, either theoretically or practically, or both, to operate or drive motor vehicles until after a written legal contract has been executed. A contract shall be executed prior to the school's receipt of any money.

  (2) All driving safety and specialized driving safety contracts shall contain at least the following:

    (A) the student's legal name and driver's license number;

    (B) the student's address, including city, state, and zip code;

    (C) the student's telephone number;

    (D) the student's date of birth;

    (E) the full legal name and license number of the driving safety school or approval number of the classroom location, as applicable;

    (F) the specific name of the approved driving safety course to be taught;

    (G) a statement indicating the agreed total contract charges that itemizes all tuition, fees, and other charges;

    (H) the terms of payment;

    (I) the number of classroom lessons;

    (J) the number of behind-the-wheel lessons, if applicable;

    (K) the length of each lesson or course;

    (L) the course provider's cancellation and refund policy;

    (M) a statement indicating the specific location, date, and time that instruction is scheduled to begin and the date classroom instruction is scheduled to end;

    (N) the signature and license number of the instructor;

    (O) the signature of the student or the approved equivalent for a driving safety course delivered by an alternative delivery method; and

    (P) a statement that notifies the student of the course provider's security and privacy policy regarding student data, including personal and financial data.

  (3) In addition, all driving safety school contracts shall contain statements substantially as follows.

    (A) I have been furnished a copy of the school tuition schedule; cancellation and refund policy; and school regulations pertaining to absence, grading policy, progress, and rules of operation and conduct.

    (B) The school and course provider are prohibited from issuing a uniform certificate of course completion if the student has not met all of the requirements for course completion, and the student should not accept a uniform certificate of course completion under such circumstances.

    (C) This agreement constitutes the entire contract between the school and the student, and verbal assurances or promises not contained herein shall not bind the school or the student.

    (D) I further realize that any grievances not resolved by the school may be forwarded to the course provider (identify name and address) and to the Texas Department of Licensing and Regulation, Driver Education and Safety, P.O. Box 12157, Austin, Texas 78711, or by facsimile to (512) 463-9468, or electronically to: https://www.tdlr.texas.gov/help/. The current telephone numbers of the department (800-803-9202 or 512-463-6599) shall also be provided.

  (4) Driving safety or specialized driving safety may use a group contract that includes more than one student's name.

  (5) A copy of each contract shall be a part of the student files maintained by the driving safety school and/or course provider.

  (6) Course providers shall submit proposed or amended contracts to the department, and those documents shall be approved prior to use by schools.

  (7) Contracts for group instruction must meet all legal requirements.

  (8) Contracts executed in an electronic format shall be considered to contain original signatures for purposes of this section.

(c) Drug and Alcohol Awareness Schools Enrollment Contracts.

  (1) No person shall be instructed in a drug and alcohol driving awareness program until after being enrolled.

  (2) All drug and alcohol driving awareness enrollment forms shall provide students with the following information:

    (A) Grievances not resolved by the school may be forwarded to the Texas Department of Licensing and Regulation, Driver Education and Safety, P.O. Box 12157, Austin, Texas 78711, or by facsimile to (512) 463-9468, or electronically to: https://www.tdlr.texas.gov/help/. The current telephone numbers of the department (800-803-9202 or 512-463-6599) shall also be provided.

    (B) The school is prohibited from issuing a certificate of program completion if the student has not met all of the requirements for program completion, and the student should not accept a certificate of program completion under such circumstances.


Source Note: The provisions of this §84.82 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective September 1, 2020, 45 TexReg 6069

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