| (a) This section contains requirements for driving
safety, continuing education, and instructor development courses.
For each course, the following curriculum documents and materials
are required to be submitted as part of the application for approval.
All course content shall be delivered under the direct observation
of a licensed instructor. Alternative Delivery Methods will not be
approved for this type of driving safety course. Courses of instruction
shall not be approved that contain language that a reasonable and
prudent individual would consider inappropriate. Any changes and updates
to a course shall be submitted by the course provider and approved
prior to being offered. Approval will be revoked for any course that
meets the definition of inactive course as defined in §84.2(14).
(1) Driving safety courses.
(A) Educational objectives. The educational objectives
of driving safety courses shall include, but not be limited to, promoting
respect for and encouraging observance of traffic laws and traffic
safety responsibilities of drivers and citizens of this state; information
relating to human trafficking prevention in accordance with the provisions
of the Julia Wells Act (Senate Bill 1831, Section 3, 87th Regular
Legislature (2021)); implementation of law enforcement procedures
for traffic stops in accordance with the provisions of the Community
Safety Education Act (Senate Bill 30, 85th Regular Legislature (2017));
the proper use of child passenger safety seat systems; safely operating
a vehicle near oversized or overweight vehicles; the passing of certain
vehicles as described in Transportation Code §545.157; the dangers
and consequences of street racing; increasing awareness of the dangers
of driving under the influence of alcohol and drugs; reducing traffic
violations; reducing traffic-related injuries and deaths for drivers
younger than 25 years of age; and motivating continuing development
of traffic-related competencies.
(B) Driving safety course content guides. A course
content guide is a description of the content of the course and the
techniques of instruction that will be used to present the course.
For courses offered in languages other than English, the course owner
shall provide a copy of the student verification of course completion
document and/or enrollment contract, student instructional materials,
final examination, and evaluation in the proposed language. To be
approved, each course owner shall submit as part of the application
a course content guide that includes the following:
(i) a statement of the course's traffic safety goal
and philosophy;
(ii) a statement of policies and administrative provisions
related to instructor conduct, standards, and performance;
(iii) a statement of policies and administrative provisions
related to student progress, attendance, makeup, and conduct. The
policies and administrative provisions shall be used by each school
that offers the course and include the following requirements:
(I) progress standards that meet the requirements of
subparagraph (F) Examinations;
(II) appropriate standards to ascertain the attendance
of students. All schools approved to use the course must use the same
standards for documenting attendance to include the hours scheduled
each day and each hour not attended;
(III) if the student does not complete the entire course,
including all makeup lessons, within the timeline specified by the
court, no credit for instruction shall be granted;
(IV) any period of absence for any portion of instruction
will require that the student complete that portion of instruction.
All makeup lessons must be equivalent in length and content to the
instruction missed and taught by a licensed instructor; and
(V) conditions for dismissal and conditions for re-entry
of those students dismissed for violating the conduct policy;
(iv) a statement of policy addressing entrance requirements
and special conditions of students such as the inability to read,
language barriers, and other disabilities;
(v) a list of relevant instructional resources such
as textbooks, audio and visual media and other instructional materials,
and equipment that will be used in the course and the furniture deemed
necessary to accommodate the students in the course such as tables,
chairs, and other furnishings. The course shall include a minimum
of 60 minutes of audio/video materials relevant to the required topics;
however, the audio/video materials shall not be used in excess of
120 minutes of the 240 minutes of instruction. The resources may be
included in a single list or may appear at the end of each instructional
unit;
(vi) written or printed materials to be provided for
use by each student as a guide to the course. The department may make
exceptions to this requirement on an individual basis;
(vii) instructional activities to be used to present
the material (lecture, films, other media, small-group discussions,
workbook activities, written and oral discussion questions, etc.).
When small-group discussions are planned, the course content guide
shall identify the questions that will be assigned to the groups;
(viii) instructional resources for each unit;
(ix) techniques for evaluating the comprehension level
of the students 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 course guide. The evaluative technique
may be used throughout the unit or at the end; and
(x) a completed form cross-referencing the instructional
units to the topics identified in subparagraph (D). A form to cross-reference
the instructional units to the required topics and topics unique to
the course will be provided by the department.
(C) Course and time management. Approved driving safety
courses shall be presented in compliance with the following guidelines
and shall include statistical information drawn from data maintained
by the Texas Department of Transportation or National Highway Traffic
Safety Administration.
(i) The course shall be a four-hour (240 minutes) live,
behavioral-based interactive course that focuses on issues specific
to drivers younger than 25 years of age and shall teach the driver
that poor behavioral choices made behind the wheel often result in
unintended consequences and shall help the driver understand the responsibility
placed upon each driver to conform his or her behavior and conduct
for the benefit of the driver, other drivers and pedestrians.
(ii) All break periods shall be provided after instruction
has begun and before the comprehensive examination and summation.
(iii) Administrative procedures such as enrollment
shall not be included in the 240 minutes of the course.
(iv) The order of topics shall be approved by the department
as part of the course approval, and for each student, the course shall
be taught in the order identified in the approved application.
(v) Students shall not receive a uniform certificate
of course completion unless that student receives a grade of at least
70 percent on the final examination.
(vi) There must be sufficient seating for the number
of students, arranged so that all students are able to view, hear,
and comprehend all instructional aids and the class shall have no
more than 30 students.
(vii) The driving safety instructor or school shall
make a material effort to establish the identity of the student.
(D) Minimum course content. Driving Safety course content,
including video and multimedia, shall include current statistical
data, references to law, driving procedures, and traffic safety methodology.
A driving safety course shall include, as a minimum, materials adequate
to assure the student masters the following.
(i) Course introduction (instructional objective--to
orient students to the class). Instruction shall address the following
topics:
(I) purpose and benefits of the course;
(II) course, emergency procedures and facilities orientation;
(III) requirements for receiving course credit; and
(IV) student course evaluation procedures.
(ii) Statistics related to young drivers-(instructional
objective--to review key statistics about young drivers). Instruction
shall address the following topics:
(I) high rate of motor vehicle accidents and fatalities
for drivers younger than 25 years of age;
(II) speed related crashes involving young drivers;
(III) occupant fatalities involving safety belts;
(IV) driving at night;
(V) using a wireless communication device while operating
a vehicle;
(VI) distracted driving;
(VII) failure to yield the right-of-way; and
(VIII) impaired driving from one or more of the following
factors:
(-a-) alcohol;
(-b-) drugs; or
(-c-) fatigue.
(iii) The traffic safety problem (instructional objectives--to
develop an understanding of the nature of the traffic safety problem
and to instill in each student a sense of responsibility for its solution).
Instruction shall address the following topics:
(I) identification of the overall traffic problem in
the United States, Texas, and the locale where the course is being
taught;
(II) death and injuries resulting from motor vehicle
crashes in Texas by person younger than 25 years of age;
(III) the top five contributing factors of motor vehicle
crashes in Texas as identified by the Texas Department of Transportation;
and
(IV) state traffic laws.
(iv) Occupant restraints and protective equipment-(instructional
objective--to instill and reinforce the concept that passenger safety
is a key responsibility of every driver). Instruction shall address
the following topics:
(I) legal aspects of passenger safety;
(II) driver responsibility;
(III) three stages of a collision;
(IV) risks associated with driving without proper restraints;
and
(V) proper use of child passenger safety seat systems.
(v) Dangers of Speeding-(instructional objective--to
review the key facts about the negative impact of speeding). Instruction
shall address the following topics:
(I) speeding and reaction time;
(II) speeding and vehicle stopping distances;
(III) speeding as a factor in traffic fatalities involving
young drivers;
(IV) state laws on speed limit and other posted signs;
(V) the dangers and consequences of street racing;
and
(VI) speeding and road conditions.
(vi) Right of way-(instructional objective--to help
the participant understand that right of way refers to a vehicle movement
and not a specific driver). Instruction shall address the following
topics:
(I) navigating intersections;
(II) navigating railroad crossings;
(III) changing lanes;
(IV) rates of traffic related injuries involving young
drivers;
(V) the passing of certain vehicles as described in
Transportation Code §545.157;
(VI) safely operating a vehicle near oversize or overweight
vehicles;
(VII) delayed acceleration; and
(VIII) state traffic laws.
(vii) Traffic stops-(Texas Community Safety Education
Act).
(viii) Distracted driving (instructional objective--to
help the participant understand that high-risk behaviors and dangers
when driving distracted). Instruction shall address the following
topics:
(I) manual and visual distractions;
(II) cognitive distractions;
(III) risks associated with distracted driving; and
(IV) driver and passenger responsibilities.
(ix) Impaired driving-fatigue (instructional objective--to
help the participant understand that high-risk behaviors and dangers
when driving fatigued). Instruction shall address the following topics:
(I) what is impairment;
(II) recognizing and responding to high-risk behaviors
and dangers when driving fatigued; and
(III) impacts of fatigue on judgment, awareness and
reaction times.
(x) Impaired driving-drugs and alcohol (instructional
objective--to help the participant understand that high-risk behaviors
and dangers when driving impaired by drugs and alcohol). Instruction
shall address the following topics:
(I) synergistic effects associated with the use of
drugs and alcohol in combination;
(II) physiological effects;
(III) psychological effects;
(IV) driving behaviors that may indicate impairment;
and
(V) prescriptive and over-the-counter drugs.
(xi) Poor decision making and influencing factors -(instructional
objective--to reinforce the impact unsafe driving behaviors have on
our lives). Instruction shall address the following topics:
(I) consequences of unsafe behaviors and risk taking
that effect family, friends, school, and community;
Cont'd... |
