| (a) To receive a driver education fee waiver, an eligible
individual must identify a driver education provider with whom he
or she intends to enroll that:
(1) is registered with the Texas Department of Licensing
and Registration as a certified Texas driver education provider;
(2) is a registered vendor in accordance with rules
established by the Agency and the Texas Comptroller of Public Accounts;
and
(3) charges a rate that does not exceed twice the average
rate of all other certified Texas driver education providers within
a 30-mile radius of the selected certified Texas driver education
provider's physical location. For driver education providers providing
online instruction, their rate will be compared to the average rate
for online driver education instruction available in Texas.
(b) Once a driver education provider is selected, the
eligible individual must visit a website designated by the Agency
to complete and submit via the website, email, or mail, the Driver
Education Waiver Request Form, which includes:
(1) individual eligibility verification; and
(2) Youth Driver Education Funding Program eligibility
verification.
(c) Agency staff shall review the form within five
business days of submission and notify the requestor of the individual's
eligibility status. If staff is unable to determine eligibility, staff
will make reasonable efforts to contact the individual for further
information.
(d) Once participant and Youth Driver Education Funding
Program eligibility are determined, Agency staff shall:
(1) for an eligible individual, submit a payment request
on the individual's behalf to the Agency's Finance Division; or
(2) for an ineligible individual, send a response to
the individual alerting them of their ineligibility.
(e) After an eligible participant has completed enrollment
with the selected provider, or submitted documentation that enrollment
cannot be completed without payment, the Agency's Finance Division
shall review and process the payment request in keeping with Agency
policies and procedures regarding fee payment, and if sufficient funds
have been transferred from the Texas Department of Public Safety (DPS)
to the Agency. If enrollment is not possible without payment, TWC
will work with applicants to enroll them at time of payment.
(f) An eligible participant who does not complete driver
education or a test paid for under this chapter must wait for a period
of three months before they enroll in a new course or test to be paid
for by this chapter. An eligible participant may have the required
waiting period waived by providing a written attestation describing
the circumstances that prevented them from attending or completing
the driver education or test and explaining why they assert the circumstances
were outside their control.
(g) The Agency shall pay driver education providers
for services provided to an eligible individual from the fund after
the individual's application receives approval from the Agency, the
driver's education provider submits required payment documentation
that is accurate and complete, and the individual submits a completed
driver education enrollment agreement.
(h) All Youth Driver Education Funding Program uses
described in this chapter shall be monitored and reported on as required
by the Texas Comptroller of Public Accounts, the Agency, and DPS.
(i) Driver education providers shall repay to the Agency
improper payments received or refunds due for driver education funded
under this chapter in instances:
(1) involving fraud committed by the driver education
provider;
(2) in which the provider was paid for driver education
from another source;
(3) in which the provider did not deliver driver education;
or
(4) in which a refund is due under Texas Education
Code, Chapter 1001, Subchapter I.
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