is present and personally provides the 28 clock hours of training
for driving safety instructors, excluding those clock hours approved
by department staff that may be presented by a guest speaker or using
films and other media that pertain directly to the concepts being
taught.
(B) Instruction records shall be maintained by the
course provider and instructor trainer for each instructor trainee
and shall be available for inspection by authorized department representatives
at any time during the training period and/or for license investigation
purposes. The instruction record shall include the trainee's name,
address, driver's license number, and other pertinent data; the name
and instructor license number of the person conducting the training;
and the dates of instruction, lesson time, and subject taught during
each instruction period. Each record shall also include grades or
other means of indicating the trainee's aptitude and development.
Upon satisfactory completion of the training course, the instructor
trainer conducting the training will certify one copy of the instruction
record for attachment to the trainee's application for licensing,
and one copy will be maintained in a permanent file at the course
provider location.
(C) All student instruction records submitted for the
department-approved instructor development course shall be signed
by the course provider. Original documents shall be submitted.
(D) Driving safety instructor development courses including
the practical-teaching portion of the instructor development course
shall be offered at approved classroom facilities of a licensed school.
A licensed instructor trainer shall present the course.
(E) Applicants shall complete 28 hours of training
in the driving safety curriculum that shall be taught. Of the 28 hours,
16 shall cover techniques of instruction and in-depth familiarization
with materials contained in the driving safety curriculum. The additional
12 hours shall consist of practical teaching with students and shall
occur after the first 16 hours have been completed.
(3) Continuing education course.
(A) For each course, the following curriculum documents
and materials are required to be submitted as part of the application
for approval. If the course meets the minimum requirements set forth
in this subchapter, the department may grant an approval. Course providers
desiring to provide a driving safety continuing education course shall
provide an application for approval that shall be in compliance with
this section.
(B) Each course provider will be responsible for receiving
an approval for a minimum of a two-hour continuing education course.
Each instructor currently endorsed to teach the course must attend
the approved continuing education course conducted by the course provider.
(C) The request for course approval shall contain the
following:
(i) a description of the plan by which the course will
be presented;
(ii) the subject of each unit;
(iii) the instructional objectives of each unit;
(iv) time to be dedicated to each unit;
(v) instructional resources for each unit, including
names or titles of presenters and facilitators;
(vi) any information that the department mandates to
promote the quality of the education being provided; and
(vii) a plan by which the course provider will monitor
and ensure attendance and completion of the course by the instructions
within the guidelines set forth in the course.
(D) A continuing education course may be approved if
the department determines that:
(i) the course is designed to enhance the instructional
skills, methods, or knowledge of the driving safety instructor;
(ii) the course pertains to subject matters that relate
directly to driving safety instruction, instruction techniques, or
driving safety-related subjects;
(iii) the course has been designed, planned, and organized
by the course provider. The course provider shall use licensed driving
safety instructors to provide instruction or other individuals with
recognized experience or expertise in the area of driving safety instruction
or driving safety-related subject matters. Evidence of the individuals'
experience or expertise may be requested by the division;
(iv) the course contains updates or approved revisions
to the driving safety course curriculum, policies or procedures, and/or
any changes to the course, that are affected by changes in traffic
laws or statistical data; and
(v) any technology used to present a continuing education
course meets reasonable standards for determining attendance, security,
and testing.
(b) Course providers shall submit documentation on
behalf of schools applying for approval of additional courses after
the original approval has been granted. The documents shall be designated
by the department and include the appropriate fee. Courses shall be
approved before soliciting students, advertising, or conducting classes.
An approval for an additional course shall not be granted if the school's
compliance is in question at the time of application.
(c) If an approved course is discontinued, the department
shall be notified within five days of discontinuance and furnished
with the names and addresses of any students who could not complete
the course because it was discontinued. If the school does not make
arrangements satisfactory to the students and the department for the
completion of the courses, the full amount of all tuition and fees
paid by the students are due and refundable. If arrangements are not
made satisfactory to the students and the department, the refunds
must be made no later than 30 days after the course was discontinued.
Any course discontinued shall be removed from the list of approved
courses.
(d) If, upon review and consideration of an original,
renewal, or amended application for course approval, the department
determines that the applicant does not meet the legal requirements,
the department shall notify the applicant, setting forth the reasons
for denial in writing.
(e) The department may revoke approval of any course
given to a course owner, provider, or school under any of the following
circumstances.
(1) Any information contained in the application for
the course approval is found to be untrue.
(2) The school has failed to maintain the faculty,
facilities, equipment, or courses of study on the basis of which approval
was issued.
(3) The school and/or course provider has been found
to be in violation of the Code, and/or this chapter.
(4) The course has been found to be ineffective in
meeting the educational objectives set forth in subsection (a)(1)(A).
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Source Note: The provisions of this §84.502 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective March 15, 2018, 43 TexReg 1431; amended to be effective July 1, 2018, 43 TexReg 3875; amended to be effective March 15, 2020, 45 TexReg 1698; amended to be effective September 1, 2020, 45 TexReg 6069; amended to be effective September 1, 2021, 46 TexReg 5394; amended to be effective May 1, 2022, 47 TexReg 2522 |