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TITLE 16ECONOMIC REGULATION
PART 4TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 84DRIVER EDUCATION AND SAFETY
SUBCHAPTER MCURRICULUM AND ALTERNATIVE METHODS OF INSTRUCTION
RULE §84.507Driving Safety Course for Drivers Younger than 25 Years of Age

        (II) real possibilities of poor decision making;

        (III) impact of poor choices on your world; and

        (IV) the role peer pressure has on decision making and risk taking.

      (xii) Human Trafficking - (instructional objective--to assist the participant to recognize the key indicators of human trafficking information in accordance with the provisions of the Julia Wells Act (Senate Bill 1831, Section 3, 87th Regular Legislature (2021)).) Instruction shall address the following topics:

        (I) activities commonly associated with human trafficking;

        (II) recognition of potential victims of human trafficking; and

        (III) methods for assisting victims of human trafficking, including how to report human trafficking.

      (xiii) Taking control - (instructional objective--to create a plan for behavior change). Instruction shall address the following topics:

        (I) taking control of potentially dangerous driving situations as a driver or passenger;

        (II) written plan and commitment by the student to family and friends that they will no longer engage in dangerous driving habits; and

        (III) Course conclusion.

      (xiv) Comprehensive examination--minimum five minutes (this shall be the last unit of instruction).

    (E) Instructor training guides. An instructor training guide contains a description of the plan, training techniques, and curriculum to be used to train instructors to present the concepts of the approved driving safety course described in the applicant's driving safety course content guide. Each course provider shall submit as part of the application an instructor training guide that is bound or hole-punched and placed in a binder and that has a cover and a table of contents. The guide shall include the following:

      (i) a statement of the philosophy and instructional goals of the training course;

      (ii) a description of the plan to be followed in training instructors. The plan shall include, at a minimum, provisions for the following:

        (I) instruction of the trainee in the course curriculum;

        (II) training the trainee in the techniques of instruction that will be used in the course;

        (III) training the trainee about administrative procedures and course provider policies;

        (IV) demonstration of desirable techniques of instruction by the instructor trainer;

        (V) time to be dedicated to each training lesson; and

        (VI) under the observation of a licensed instructor trainer. The instructor trainee shall provide instruction for two full courses under the observation of a licensed instructor trainer. It is not mandatory that the two courses be taught as two complete courses; however, every instructional unit shall be taught twice; and

      (iii) instructional units sufficient to address the provisions identified in clause (ii)(I) - (VI). The total time of the units shall contain a minimum of 16 instructional hours in addition to a minimum of eight hours of practical instruction under the observation of a licensed instructor identified in clause (ii)(VI). Each instructional unit shall include the following:

        (I) the subject of the unit;

        (II) the instructional objectives of the unit;

        (III) time to be dedicated to the unit;

        (IV) an outline of major concepts to be presented;

        (V) instructional activities to be used to present the material (i.e., lecture, films, other media, small-group discussions, workbook activities, written and oral discussion questions). When small-group discussions are planned, the course guide shall identify the questions that will be assigned to the groups;

        (VI) instructional resources for each unit; and

        (VII) techniques for evaluating the comprehension level of the instructor trainee relative to the instructional unit. If oral or written questions are to be used to measure student comprehension levels, they shall be included in the instructor training guide. The evaluative technique may be used throughout the unit or at the end.

    (F) Examinations.

      (i) Student Examination. Each course provider shall submit for approval, as part of the application, two tests designed to measure the comprehension level of students at the completion of the driving safety course. The comprehensive examination for the driving safety course must include at least two questions from the required units set forth in subparagraph (D)(ii) - (xii), for a total of at least 20 questions. The comprehensive examination questions shall be of such difficulty that the answer may not easily be determined without completing the actual instruction. Instructors shall not assist students in answering the final examination questions but may facilitate alternative testing. Students may not be given credit for the driving safety course unless they score 70 percent or more on the final test. The course content guide shall identify alternative testing techniques to be used for students with reading, hearing, or learning disabilities and policies for retesting students who score less than 70 percent on the final examination. The applicant may choose not to provide alternative testing techniques; however, students shall be advised whether the course provides alternative testing prior to enrollment in the course. Test questions may be short answer, multiple choice, essay, or a combination of these forms.

      (ii) Instructor Trainee. Each course provider shall submit for approval, as part of the application, two tests designed to measure the comprehension level of instructor trainee of the driving safety course. The comprehensive examination may consist of one all-inclusive test or test at the conclusion of major unit. The comprehensive examination questions shall be of such difficulty that the answer may not easily be determined without completing the actual instruction. Instructors shall not assist instructor trainees in answering the comprehensive examination questions but may facilitate alternative testing. Instructors may not be certified for the driving safety course unless they score 70 percent or more on the comprehensive examination. The course content guide shall identify alternative testing techniques to be used for instructor trainee with reading, hearing, or learning disabilities and policies for retesting students who score less than 70 percent on the comprehensive examination. The applicant may choose not to provide alternative testing techniques; however, students shall be advised whether the course provides alternative testing prior to enrollment in the course. Test questions may be short answer, multiple choice, essay, or a combination of these forms.

    (G) Requirements for authorship. The course materials shall be written by individuals or organizations with recognized experience in writing instructional materials.

    (H) Renewal of course approval. The course approval must be renewed every even-numbered year.

      (i) For approval, the course provider shall update all the course content methodology, procedures, statistical data, and references to law with the latest available data.

      (ii) The department may alter the due date of the renewal documents by giving the approved course six months notice. The department may alter the due date in order to ensure that the course is updated six months after the effective date of new state laws passed by the Texas Legislature.

  (2) Instructor development courses.

    (A) Driving safety instructors shall successfully complete 16 clock hours instruction in the approved instructor development course prior to the required minimum of eight hours of practical instruction of the driving safety course to be taught, under the supervision of a driving safety instructor trainer. Supervision is considered to have occurred when the instructor trainer is present and personally provides the 16 clock hours instruction and is present at the eight hours of practical instruction of training for driving safety instructors.

    (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. 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 instructor trainee 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 which is approved to offer the driving safety course being taught. A licensed instructor trainer shall present the course.

  (3) Continuing education courses.

    (A) 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.

    (B) 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.

    (C) 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 department;

      (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; or

  (4) The course has been found to be ineffective in meeting the educational objectives set forth in subsection (a)(1)(A).


Source Note: The provisions of this §84.507 adopted to be effective September 1, 2020, 45 TexReg 6069; amended to be effective May 1, 2022, 47 TexReg 2522

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