19 TAC §§176.1101, 176.1103, 176.1105, 176.1108, 176.1111, 176.1113, 17.1114, 176.1116
The Texas Education Agency (TEA) proposes amendments to §§176.1101,
176.1103, 176.1105, 176.1108, 176,1111, 176.1113, 176.1114, and 176.1116,
concerning driver training schools. The sections establish minimum standards
for operating a licensed driving safety school or course provider in Texas.
The sections specify definitions, requirements, and procedures relating to
exemptions; driving safety school licensure; course provider licensure; driving
safety school and course provider responsibilities; administrative staff members;
driving safety instructor license; courses of instruction; student enrollment
contracts; cancellation and refund policy; facilities and equipment; student
complaints; records; names and advertising; uniform certificate of course
completion for driving safety course; and application fees and other charges.
The proposed amendments update definitions and add content to modify and
strengthen requirements for licensed driving safety schools and course providers
in Texas, as follows:
The amendment to 19 TAC §176.1101(11) amends the definition of "new
course" to clarify that new alternative delivery methods for driving safety
courses are included. Courses are being submitted with alternative delivery
methods with no funding provided to cover processing the application and approving
the delivery method. The staff time involved in processing courses delivered
through alternative delivery methods can involve hundreds of hours of review
to ensure that the delivery method meets the minimum standards. Funding from
other fee areas has had to be used to cover the cost of this process. The
designation of alternative delivery methods as new courses will associate
these courses with those for which a processing fee is charged.
The amendment to 19 TAC §176.1103(f) requires that renewal applications
for driving safety schools include current lists of instructors and classrooms.
This change will ensure that school information is updated on an annual basis.
The amendment to 19 TAC §176.1105(b)(3) requires course providers
to distribute course changes within 60 days of approval. Instructor training
may be required and will be specified in the approval letter.
The amendment to 19 TAC §176.1105(b)(5) requires course providers
to submit school and instructor applications to the division within ten days
of receipt. This requirement will ensure that course providers do not delay
licensing processes for their schools and instructors.
The amendment to 19 TAC §176.1108(a)(1)(C)(x) clarifies that no more
than 50 students can be permitted to attend the class when at least one student
in a driving safety course will receive a uniform certificate of completion.
The amendment to 19 TAC §176.1108(a)(1)(J) adds clause (ii) which
requires driving safety courses with alternative delivery methods to be approved
in accordance with specific standards established by the division and contained
in the "Technical Standards for Driving Safety Courses Taught By An Alternative
Delivery Method" document.
Another amendment to 19 TAC §176.1108(a)(1)(J) adds clause (iii) which
requires all alternative delivery methods approved before the effective date
of this subsection to demonstrate compliance with all alternative delivery
method requirements including the standards contained in the "Technical Standards
for Driving Safety Courses Taught By An Alternative Delivery Method" document.
The amendment also requires courses to continue to comply with the most current
version of the standards document.
The amendment to 19 TAC §176.1111(d) strengthens facility requirements
for driving safety classes by requiring that all instruction be offered in
classrooms that promote learning. The amendment provides additional parameters
that clarify the requirements.
The amendment to 19 TAC §176.1113 adds subsection (d) which prevents
course providers and driving safety schools from releasing student records
that identify the student by name or address. Currently, there is no law that
forbids the release of student information by commercial schools and this
rule will prevent potential harm occurring to students by the release of this
information.
The amendment to 19 TAC §176.1114 adds subsection (f) which states
that the division director may deny approval of any course or the issuance
of any license or invoke other appropriate sanctions if a course provider
or driving safety school advertises before the course provider or school has
a license to operate. This rule clarifies that course providers and schools
should not advertise before a license is issued.
The amendment to 19 TAC §176.1116 adds subsection (d) which clarifies
for course providers, driving safety schools, and instructors that failure
to pay a required fee or penalty assessed shall be cause for license revocation.
Robert Muller, Associate Commissioner for Continuing Education and School
Improvement, has determined that for the first five-year period the sections
are in effect there will be fiscal implications for state government as a
result of enforcing or administering the section. The proposed amendments
change the definition of "new course" to include alternative delivery methods
(ADMs) for driving safety courses and establish technical standards for the
approval of ADM courses. The state is currently reviewing applications for
driving safety alternative delivery methods (video, Internet, CD-ROM, etc.)
without charging a fee to cover the administrative costs. The review/approval
process may take months or years and requires hundreds of hours of staff time.
The law requires that funds be sufficient to cover administrative costs. The
fee for a new driving safety course approval is set at $9,000 by statute and
is an appropriate fee based on manpower costs associated with the review/approval
process. The agency anticipates the receipt of about three ADM applications
in FY 2001 and FY 2002 and one such application in FY 2003 that will be subject
to the $9,000 fee. Approval of these proposed rule changes will add $27,000
to agency revenue in FY 2001 and FY 2002 and $9,000 in FY 2003. There will
be no fiscal implications anticipated for local government.
Mr. Muller and Criss Cloudt, Associate Commissioner for Accountability
Reporting and Research, have determined that for each year of the first five
years the sections are in effect the public benefit anticipated as a result
of enforcing the sections will be strengthened requirements for operating
licensed driving safety schools and course providers in Texas which will increase
awareness of traffic safety and move toward reducing the toll in human suffering
and property loss inflicted by vehicle crashes. There will be an effect on
small businesses. Small businesses that apply for ADM course approval will
incur the $9,000 application fee. It is anticipated that the fee will ensure
that only interested parties with high-quality programs will apply.
In addition to the application fee, there will be significant costs to
small business associated with the proposed amendment to comply with the "Technical
Standards for Driving Safety Courses Taught By An Alternative Delivery Method"
document. Costs include items such as: geographic location of support personnel
and computer equipment for the ADM; course design, content accuracy, and multimedia
requirements; equipment reliability issues; validation requirements; data
and equipment security requirements; student privacy requirements; and disaster
recovery system requirements. Further, the lengthy approval process may result
in additional costs to small businesses that cannot be estimated. These are
significant start-up costs for a small business; however, the costs can be
recouped through revenues generated by course fees within a reasonable period
of time. These changes to the rules and their associated costs apply only
to course owners interested in developing and marketing a driving safety course
taught by an ADM. There is no known difference in costs, whether the affected
applicant is a small business or the largest business. There is no anticipated
economic cost to persons who are required to comply with the sections as proposed.
Comments on the proposal may be submitted to Criss Cloudt, Accountability
Reporting and Research, 1701 North Congress Avenue, Austin, Texas 78701, (512)
463-9701. Comments may also be submitted electronically to
rules@tea.state.tx.us
or faxed to (512) 475-3499. All requests for
a public hearing on the proposed sections submitted under the Administrative
Procedure Act must be received by the commissioner of education not more than
15 calendar days after notice of a proposed change in the sections has been
published in the
Texas Register
.
The amendments are proposed under the Texas Civil Statutes, Article
4413(29c), §6, as amended by Senate Bill 777, 76th Texas Legislature,
1999, which authorizes the commissioner of education to adopt rules necessary
to implement the Texas Driver and Traffic Safety Education Act.
The amendments implement the Texas Civil Statutes, Article 4413(29c), §6.
§176.1101.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)-(10)
(No change.)
(11)
New course--A driving safety course is considered new
when it has not been approved by TEA to be offered previously, or has been
approved by TEA and offered and then discontinued, or the content
,
[
or
] lessons
, or delivery
of the course have been changed
to a degree that a new application is requested and a complete review of the
application and course presentation is necessary to determine compliance.
(12)-(13)
(No change.)
§176.1103.Driving Safety School Licensure.
(a)-(e)
(No change.)
(f)
Renewal of driving safety school license. A complete application
for the renewal of a license for a driving safety school shall be postmarked
or hand-delivered by the school to the course provider at least 30 days before
the expiration of the license and shall include the following:
(1)
completed application
form
for renewal;
(2)
current list of instructors;
(3)
current list of classrooms;
(4)
[
(2)
] annual renewal fee, if applicable;
and
(5)
[
(3)
] any other revision or evidence
of which the school has been notified in writing that is necessary to bring
the school's application for a renewal license to a current and accurate status.
(g)-(j)
(No change.)
§176.1105.Driving Safety School and Course Provider Responsibilities.
(a)
(No change.)
(b)
Each course provider or employee shall:
(1)-(2)
(No change.)
(3)
ensure that schools and instructors are provided with the
most recent approved course materials and relevant data and information pertaining
to driving safety
within 60 days of approval. Instructor training may
be required and shall be addressed in the approval notice
;
(4)
not falsify driving safety records; [
and
]
(5)
ensure that applications for licenses
or approvals are forwarded to TEA within ten days of receipt at the course
provider facilities; and
(6)
[
(5)
] 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.
(c)-(d)
(No change.)
§176.1108.Courses of Instruction.
(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. Except as provided by subsection
(a)(1)(J) of this section, all course content shall be delivered under the
direct observation of a licensed instructor. Any changes and updates to a
course shall be submitted and approved prior to being offered. Approval of
any course that is inactive as of September 1, 2000, will be revoked.
(1)
Driving safety courses.
(A)-(B)
(No change.)
(C)
Course and time management. Approved driving safety courses
shall be presented in compliance with the following guidelines.
(i)-(ix)
(No change.)
(x)
No more than 50 students per class are permitted in driving
safety courses
if any student in the class receives a uniform certificate
of completion
.
(xi)
(No change.)
(D)-(I)
(No change.)
(J)
Driving safety courses delivered by an alternative delivery
method.
(i)
The commissioner of education may approve an alternative
delivery method for an approved driving safety course and waive any rules
to accomplish this approval if the alternative delivery method includes testing
and security measures that are at least as secure as the measures available
in a usual classroom, including:
(I)-(V)
(No change.)
(VI)
the alternative delivery method incorporates testing of
student knowledge throughout the course and the testing is administered by
a TEA-licensed instructor; provided, if the alternative delivery method does
not involve the student being in physical proximity to the instructor, the
testing may be administered using technology;
and
(VII)
the alternative delivery method provides for the creation
and maintenance of records documenting the steps taken to verify each student's
identity verification, the participation of each student, and the testing
of each student's knowledge
.
[
; and
]
[(VIII)
for an alternative delivery method
approved before the effective date of this subparagraph, the alternative delivery
method has demonstrated compliance with this subparagraph prior to April 1,
2000; provided, the TEA shall find that an alternative delivery method approved
before the effective date of this rule has demonstrated compliance for purposes
of this rule if the information considered by the TEA in making the previous
approval met the requirements of this rule.]
(ii)
The specific requirements for alternative
delivery methods as set forth in subsection (a)(1)(J) of this section are
further explained in the most current version of the "Technical Standards
for Driving Safety Courses Taught By An Alternative Delivery Method" document.
The standards document shall be provided as part of the application to every
applicant seeking approval of an alternative delivery method. The division
director may approve an alternative delivery method only if it meets all of
the standards set forth in the most current version of the "Technical Standards
for Driving Safety Courses Taught By An Alternative Delivery Method" document,
unless requirements are waived as provided by subsection (a)(1)(J)(i) of this
section. The standards document may be revised periodically and the most current
version shall be available on the TEA Internet website or, upon request, by
mail.
(iii)
For an alternative delivery method approved
before the effective date of this subsection, the alternative delivery method
must demonstrate compliance with this subsection prior to December 31, 2001.
In addition, all courses must continue to demonstrate compliance with the
most current version of the "Technical Standards for Driving Safety Courses
Taught By An Alternative Delivery Method" document.
(iv)
[
(ii)
] [
Performance report.
] One year after original approval of an alternative delivery method
that is approved after January 1, 2000, an evaluation of the delivery method
based on criteria established by TEA shall be submitted to TEA by the course
owner. The performance report will be used to determine whether the course
is meeting its purpose and objectives and operating as approved. The performance
report will be used as a basis for continued approval.
(K)
(No change.)
(2)-(3)
(No change.)
(b)-(e)
(No change.)
§176.1111.Facilities and Equipment.
(a)-(c)
(No change.)
(d)
Each school and classroom shall conduct the Texas Education
Agency-approved driving safety course in a facility that promotes the purpose
and objectives as set forth in the Texas Driver and Traffic Safety Education
Act or the educational objectives set forth in this chapter.
The driving
safety course shall be provided in designated instructional areas that promote
learning by ensuring that students are able to see and hear the instructor
and audiovisual aids. Factors that will be considered in determining whether
facilities promote learning include facility layout, visual and hearing distractions,
and equipment functionality.
(e)-(i)
(No change.)
§176.1113.Records.
(a)
A driving safety school or course provider shall furnish
upon request any data pertaining to student enrollments and attendance, as
well as records and necessary data required for licensure and to show compliance
with the legal requirements for inspection by authorized representatives of
the Texas Education Agency
(TEA)
. There may be announced or unannounced
compliance surveys at each school or course provider each year.
(b)-(c)
(No change.)
(d)
A course provider shall not release student
records that identify the student by name or address, or may lead to such
identification, except:
(1)
to authorized representatives of the TEA;
(2)
to a peace officer;
(3)
under court order or subpoena; or
(4)
with written consent of both the student and at least one
parent or legal guardian, if the student is under 18 years of age.
§176.1114.Names and Advertising.
(a)-(e)
(No change.)
(f)
The division director may deny approval
of any course or the issuance of any required license or invoke other sanctions
if a course provider or driving safety school advertises before the later
of:
(1)
the 30th day after the date the course owner or school
applies for a course provider or driving safety school license; or
(2)
the date the course owner or school receives a course provider
or driving safety school license from the commissioner of education.
§176.1116.Application Fees and Other Charges.
(a)-(c)
(No change.)
(d)
Failure to pay a required fee or penalty
assessed shall be cause for revocation or denial of any license held by a
course provider, driving safety school, or instructor of whom the fee or penalty
is required. Revocation or denial proceedings shall be started if the fee
is not paid within 30 days of the expiration date of the appeal period set
forth in Texas Civil Statutes, Article 4413(29c), §17.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on February 2, 2001.
TRD-200100698
Criss Cloudt
Associate Commissioner, Accountability Reporting and Research
Texas Education Agency
Earliest possible date of adoption: March 18, 2001
For further information, please call: (512) 463-9701