| (a) Course providers must be located, or maintain a
registered agent, in the State of Texas. All instruction in a driving
safety or specialized driving safety course shall be performed in
locations approved by the department and by department licensed instructors.
However, a student instructor trainee may teach the 12 hours necessary
for licensing in a department approved location under the direction
and in the presence of a licensed driving safety or specialized driving
safety instructor trainer who has been trained in the curriculum being
instructed.
(b) Each course provider or employee shall:
(1) ensure that instruction of the course is provided
in schools currently approved to offer the course, and in the manner
in which the course was approved;
(2) maintain a current mailing address with the department;
(3) ensure that the course is provided by persons who
have a valid current instructor license with the proper endorsement
issued by the department, except as provided in subsection (a);
(4) ensure that schools and instructors are provided
with the most recent approved course materials and relevant data and
information pertaining to the course within sixty (60) days of approval.
Instructor training may be required and shall be addressed in the
approval notice;
(5) ensure that applications for licenses or approvals
are forwarded to the department within ten (10) days of receipt at
the course provider facilities;
(6) ensure that instructor performance is monitored.
A written plan describing how instructor performance will be monitored
and evaluated shall be provided to the schools. The plan shall identify
the criteria upon which the instructors will be evaluated, the procedure
for evaluation, the frequency of evaluation (a minimum of once a year),
and the corrective action to be taken when instructors do not meet
the criteria established by the course provider. The instructor evaluation
forms must be kept on file either at the course provider or school
location for a period of one year;
(7) develop and maintain a means to ensure the security
and integrity of student information, especially financial and personal
information, in transit and at rest;
(8) develop and maintain a means to ensure the privacy
of student data, including personal and financial data, and make the
corporate privacy policy available to all course students;
(9) submit a plan for the electronic issuance of uniform
certificates of course completion for approval by the department prior
to its implementation;
(10) issue uniform certificates of course completion
that comply with the certificate design specifications approved by
the department;
(11) develop and maintain a department-approved method
for issuing original and duplicate uniform certificates of course
completion that, to the greatest extent possible, prevents the unauthorized
production, alteration, or misuse of the certificates;
(12) report original and duplicate certificate data,
by secure electronic transmission, to the department within five (5)
days of issuance using guidelines established and provided by the
department. The issue date indicated on the certificate shall be the
date the course provider issues the certificate to the student.
(c) Each driving safety school owner-operator or employee
shall:
(1) ensure that each individual permitted to give instruction
at the school or any classroom location has a valid current instructor's
license with the proper endorsement issued by the department, except
as provided in subsection (a);
(2) prohibit an instructor from giving instruction
or prohibit a student from receiving instruction if that instructor
or student exhibits any effects of being intoxicated or otherwise
impaired;
(3) provide instruction or allow instruction to be
provided only in courses that are currently on the school's list of
approved courses;
(4) evaluate instructor performance in accordance with
the course provider plan;
(5) develop and maintain a means to ensure the security
and integrity of student information, especially financial and personal
information, in transit and at rest;
(6) pay a fee to the course provider that is equal
to the fee paid by the course provider to the department for course
completion certificate numbers for original certificates provided
for the students of that school within seven (7) calendar days of
the date each student successfully completes the driving safety course.
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