Texas Register
.
The amendments are proposed under Texas Education Code, §1001.052,
which authorizes the agency to adopt and administer comprehensive rules governing
driving safety courses and Texas Education Code, §1001.053, which authorizes
the commissioner of education to adopt and enforce rules necessary to administer
driver and traffic safety education and to ensure the integrity of approved
driving safety courses and to enhance program quality.
The amendments implement the TEC, §§1001.051 - 1001.153, 1005.056,
and 1001.213.
§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)
Advertising--Any affirmative act, whether written or oral,
designed to call public attention to a school and/or course in order to evoke
a desire to patronize that school and/or course. This includes Meta tags and
search engine listings.
(2)
Break--An interruption in a course of instruction occurring
after the course introduction and before the comprehensive exam and course
summation.
(3)
Change of ownership of a school or course provider--A change
in the control of the school or course provider. Any agreement to transfer
the control of a school or course provider is considered to be a change of
ownership. The control of a school or course provider is considered to have
changed:
(A)
in the case of ownership by an individual, when more than
50% of the school or course provider has been sold or transferred;
(B)
in the case of ownership by a partnership or a corporation,
when more than 50% of the school or course provider or of the owning partnership
or corporation has been sold or transferred; or
(C)
when the board of directors, officers, shareholders, or
similar governing body has been changed to such an extent as to significantly
alter the management and control of the school or course provider.
(4)
Clock hour--50 minutes of instruction in a 60-minute period
for a driving safety course.
(5)
Course validation question--A question designed to establish
the student's participation in the course and comprehension of the course
material by requiring the student to answer a question regarding a fact or
concept taught in the course.
(6)
Division--The division of the Texas Education Agency (TEA)
responsible for administering the provisions of the law, rules, regulations,
and standards as contained in this chapter and licensing driver training programs.
(7)
Division director--The person designated by the commissioner
of education to carry out the functions and regulations governing the driving
safety schools and course providers and designated as director of the division
responsible for licensing driver training programs.
(8)
Final examination question--A question designed to measure
the student's comprehension and knowledge of course material presented after
the instruction is completed.
(9)
Good reputation--A person is considered to be of good reputation
if:
(A)
there are no felony convictions, unless the applicant can
successfully demonstrate that the applicant has been rehabilitated;
(B)
there are no convictions involving crimes of moral turpitude;
(C)
within the last seven years, the person has never been
successfully sued for fraud or deceptive trade practice;
(D)
the person has not owned or operated a school or course
provider with serious violations; and has never owned or operated a school
or course provider which closed with violations including, but not limited
to, unpaid refunds or selling, trading, or transferring a driver education
certificate or uniform certificate of course completion to any person or school
not authorized to possess it. In making this determination, the division may
consider the seriousness and number of violations, efforts made to correct
the violations, and the history of similar violations;
(E)
the person has not failed to provide material information
to representatives of TEA or falsified instructional records or any documents
required for approval or continued approval;
(F)
in the case of an instructor, there are no misdemeanor
or felony convictions involving driving while intoxicated over the past seven
years; and
(G)
in the event that an instructor or applicant has received
deferred adjudication of guilt from a court of competent jurisdiction, a determination
can be made upon review of evidence that the conduct underlying the basis
of the deferred adjudication has not rendered the person unworthy to provide
driver training instruction. When determining underlying conduct, the commissioner
may consider the facts and circumstances surrounding the deferred adjudication.
(10)
Inactive course--A driving safety or specialized driving
safety course for which no uniform certificates of completion
or course
completion certificate numbers
have been purchased for 36 months or
longer.
(11)
Instructor trainer--A driving safety instructor or specialized
driving safety instructor who has been trained to prepare instructors to give
instruction in a specified curriculum.
(12)
Mail or commercial delivery--First Class
U.S. mail or equivalent commercial delivery services that deliver no sooner
than the day following successful course completion. Electronic delivery such
as e-mail or facsimile is not acceptable as a commercial delivery service.
(13)
[
(12)
] Moral turpitude--Conduct
that is inherently immoral or dishonest.
(14)
[
(13)
] New course--A driving safety
or specialized 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, 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.
(15)
[
(14)
] Personal validation question--A
question designed to establish the identity of the student by requiring an
answer related to the student's personal information such as a driver's license
number, address, date of birth, or other similar information that is unique
to the student.
(16)
[
(15)
] Public or private school--For
the purpose of these rules, a public or private school is an accredited public
or non-public secondary school.
(17)
[
(16)
] Specialized driving safety
course--A six-hour driving safety course that includes at least four hours
of training intended to improve the student's knowledge, compliance with,
and attitude toward the use of child passenger safety seat systems and the
wearing of seat belt and other occupant restraint systems.
(18)
[
(17)
] Uniform certificate of course
completion--A document
with a serial number purchased from the division
that is printed, administered, and supplied by
course providers
[
TEA to owners
] or primary consignees for issuance to students
who successfully complete an approved driving safety or specialized driving
safety course and that meets the requirements of Transportation Code, Chapter
543, and Code of Criminal Procedure, Article
45.051 or
45.0511.
This term encompasses all parts of
an original or duplicate
[
a
] uniform certificate of course completion [
with the same serial
number
]. It is a government record.
§176.1104.Course Provider Licensure.
(a)
Application for course provider. An application for a license
for a course provider shall be made on forms supplied by the Texas Education
Agency (TEA). An application from a course provider that is a primary consignee
shall include evidence of permission from the course owner to operate as the
primary consignee.
(b)
Bond requirements for course provider. In the case of an
original or a change of owner application, an original bond shall be provided.
In the case of a renewal application, an original bond or a continuation agreement
for the approved bond currently on file shall be submitted. The bond or the
continuation agreement shall be executed on the form provided by TEA. Posting
of a $25,000 bond shall satisfy the requirements for financial stability for
a course provider.
(c)
Course provider license. The course provider license shall
indicate the name of the driving safety course for which approval is granted
exactly as stated in the application for the course approval.
(d)
Verification of ownership for course provider.
(1)
In the case of an original or change of owner application
for a course provider, the owner of the course provider shall provide verification
of ownership that includes, but is not limited to, copies of stock certificates,
partnership agreements, and assumed name registrations. The division may require
additional evidence to verify ownership.
(2)
With the renewal application, the owner of the course provider
shall provide verification that no change in ownership has occurred. The division
may require additional evidence to verify that no change of ownership has
occurred.
(e)
Adequate educational and experience qualifications. The
course provider shall provide as part of the application sufficient documentation
to support adequate educational and experience qualifications in order to
carry out the responsibilities of a course provider. Verifiable education
and/or experience in administration and/or supervision shall be required.
Adequate educational and experience qualifications have been satisfied if
the course provider meets one of the following.
(1)
A course provider who has owned or been a primary consignee
of an approved driving safety course and has been fully operational as a course
provider in the State of Texas for a continuous 12-month period before September
1, 1995, satisfies the educational and experience qualifications.
(2)
A course provider who has an approved driving safety course
but has not been fully operational as a course provider for a continuous 12-month
period must submit evidence of at least one year of experience in administration
and/or supervision.
(3)
A new course provider shall submit evidence of:
(A)
at least 30 semester credit hours of education from an
accredited postsecondary institution and two years of paid experience in administration
and/or supervision; or
(B)
a combined total of three years of driver and traffic safety
education or experience and administrative/management experience; however,
a minimum of six months in each shall be required.
(f)
Effective date of the course provider license. The effective
date of the course provider license shall be the date the license is issued.
Exceptions may be made if the applicant was in full compliance on the effective
date of issue.
(g)
Purchase of course provider.
(1)
A person or persons purchasing a licensed course provider
shall obtain an original license. The application for a new course provider
that is a primary consignee shall include evidence of permission from the
course owner to operate as the primary consignee.
(2)
In addition, copies of the executed sales contracts, bills
of sale, deeds, and all other instruments necessary to transfer ownership
of the course provider shall be submitted to TEA. The contract or any instrument
transferring the ownership of the course provider shall include the following
statements.
(A)
The purchaser shall assume all refund liabilities incurred
by the seller or any former owner before the transfer of ownership.
(B)
The sale of the course provider shall be subject to approval
by TEA.
(C)
The purchaser shall assume the liabilities, duties, and
obligations under the enrollment contracts between the students and the seller,
or any former owner.
(3)
A change of ownership of a course provider is considered
substantially similar:
(A)
in the case of ownership by an individual, when the individual
transfers ownership to a corporation in which the individual owns 100% of
the stock of the corporation;
(B)
in the case of ownership by a corporation, when the ownership
is transferred to a partnership in which the stockholders possess equal interest
in the owning partnership; or
(C)
in the case of ownership by a partnership or a corporation
that transfers ownership to a corporation in which the partners hold interest
that equals the interest of the owning partnership, or the owning corporation
transfers ownership to a different corporation in which the stockholders for
both corporations possess equal shares.
(4)
In the event a change of ownership is substantially similar,
the applicant pays a change in ownership fee as opposed to an initial application
fee.
(h)
New location.
(1)
The division shall be notified in writing of any change
of address of a course provider at least five working days before the move.
(2)
The course provider must submit the appropriate fee and
all documents designated by the division as being necessary. A course provider
license may be issued after the complete required documents are approved.
(i)
Renewal of course provider license. A complete application
for the renewal of a license for a course provider shall be submitted before
the expiration of the license and shall include the following:
(1)
completed application for renewal;
(2)
annual renewal fee, if applicable;
(3)
a revised continuing education course for the next year;
(4)
executed bond or executed continuation agreement for the
bond currently approved by, and on file with, TEA; and
(5)
any other revision or evidence of which the course provider
has been notified in writing that is necessary to bring the course provider's
application for a renewal license to a current and accurate status.
(j)
Notification of legal action. A course provider shall notify
the division in writing of any legal action that is filed against the course
provider, its officers, any owner, or any school instructor that might concern
the operation of the course provider within five working days after the course
provider becomes aware of the fact that the legal action has commenced or
the legal process has been served. Included with the written notification,
the course provider shall submit a file-marked copy of the petition or complaint
that has been filed with the court.
(k)
Course provider closure. A course provider owner shall
notify TEA at least five business days before the course provider closure.
The course provider shall provide written notice of the actual discontinuance
of the operation the day of cessation of business. A course provider shall
make all records
and all used and unused uniform certificates of course
completion and course completion certificate numbers
available for review
by
[
to
] TEA within 30 days of the date the course provider
ceases operation.
(l)
Course providers and all course provider facilities that
process, deliver, or store curriculum materials, student records, or uniform
certificates of course completion
and certificate numbers to be used
for Texas courses must be located within the United States.
§176.1105.Driving Safety School and Course Provider Responsibilities.
(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 Texas
Education Agency (TEA) and by TEA-licensed instructors. However, a student
instructor trainee may teach the 12 hours necessary for licensing in a TEA-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)
ensure that the course is provided by persons who have
a valid current instructor license with the proper endorsement issued by the
division, except as provided in subsection (a) of this section;
(3)
ensure that schools and instructors are provided with the
most recent approved course materials and relevant data and information pertaining
to the course within 60 days of approval. Instructor training may be required
and shall be addressed in the approval notice;
(4)
not falsify driver training records;
(5)
ensure that applications for licenses or approvals are
forwarded to TEA within ten 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; [
and
]
(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)
develop and maintain an agency-approved
method for printing and issuing original and duplicate uniform certificates
of course completion that, to the greatest extent possible, prevents the unauthorized
production or misuse of the certificates; and
(10)
report original and duplicate certificate
data, by secure electronic transmission, to TEA within seven days of issue
using guidelines established and provided by TEA. The issue date indicated
on the certificate shall be the date the course provider mails 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 division, except as provided in
subsection (a) of this section;
(2)
prohibit an instructor from giving instruction or prohibit
a student from securing instruction in the classroom or in a motor vehicle
if that instructor or student is using or exhibits any evidence or effect
of an alcoholic beverage, controlled substance, drug, abusable glue, aerosol
paint, or other volatile chemical as those terms are defined in the Alcoholic
Beverage Code, §1.04(1); and the Health and Safety Code, §§481.002,
484.002, and 485.001;
(3)
provide instruction or allow instruction to be provided
only in courses that are currently on the school's list of approved courses;
(4)
complete, issue, or validate a verification of course completion
only for a person who has successfully completed the entire course;
(5)
not falsify driver training records;
(6)
ensure that instructors give students the opportunity to
evaluate the course and instructor on an official evaluation form;
(7)
evaluate instructor performance in accordance with the
course provider plan;
(8)
develop and maintain a means to ensure the security and
integrity of student information, especially financial and personal information,
in transit and at rest; [
and
]
(9)
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
; and
[
.
]
(10)
pay a fee to the course provider that
is equal to the fee paid by the course provider to TEA for course completion
certificate numbers for original certificates provided for the students of
that school within seven calendar days of the date each student successfully
completes the driving safety course.
(d)
For the purposes of Texas Education Code, Chapter 1001,
and this chapter, each person employed by or associated with any driving safety
school shall be deemed an agent of the driving safety school, and the school
may share the responsibility for all acts performed by the person which are
within the scope of the employment and which occur during the course of the
employment.
§176.1117.Uniform Certificate of Course Completion for Driving Safety or Specialized Driving Safety Course.
(a)
Course provider responsibilities. Course providers shall
be responsible for
original and duplicate
uniform certificates
of course completion in accordance with this subsection.
(1)
The course provider of a driving safety or specialized
driving safety course shall ensure that each instructor completes the verification
of course completion document approved by the Texas Education Agency (TEA).
The verification of course completion document shall contain a statement to
be signed by the instructor that states: "Under penalty of law, I attest to
the fact that the student whose name and signature appears on this document
has successfully completed the number of hours as required under Texas Education
Code, Chapter 1001, and that any false information on this document will be
used as evidence in a court of law and/or administrative proceeding." This
verification of course completion document shall be returned to the course
provider upon completion of each driving safety class and maintained for no
less than three years.
(2)
The course provider shall
implement and
maintain
a policy which effectively ensures protective measures are
in use at
all times for securing original and duplicate
[
implemented by the
course provider to ensure that unissued
] uniform certificates of course
completion
and course completion certificate numbers
[
are
secure at all times
]. The records and unissued
or unnumbered original
and duplicate
uniform certificates of course completion shall be readily
available for review by representatives of TEA.
(3)
The course provider shall maintain electronic files with
data pertaining to all [
uniform certificates of
] course completion
certificate numbers
purchased from TEA. The course provider shall make
available to TEA upon request an ascending numerical accounting record of
[
the students receiving
] the
numbered
uniform certificates
of completion
issued
. The course provider shall ensure security
of the data.
[(4)
The course provider shall electronically
transmit data pertaining to issued uniform certificates of completion within
seven calendar days of issuance of the certificates. The issue date indicated
on the certificate shall be the date the course provider mails the certificate
to the student.]
(4)
[
(5)
] The course provider shall
ensure that effective measures are taken to preclude lost data and that a
system is in place to recreate electronic data for all
certificate numbers,
whether used or not used, and all
certificates that have been issued.
(5)
[
(6)
] Course providers shall issue
and mail uniform certificates of course completion only to students who have
successfully completed
all elements of
the course provider's approved
driving safety or specialized driving safety course taught by TEA-licensed
instructors in TEA-approved locations as indicated on the verification of
course completion document
or student footprint
.
(6)
[
(7)
] The course provider must keep
all parts of all voided
original and duplicate
uniform certificates
of course completion
for a period of three years
.
(7)
[
(8)
] Course providers shall ensure
that adequate training is provided regarding course provider policies and
updates on course provider policies to all driving safety schools and instructors
offering their approved driving safety or specialized driving safety course.
(8)
[
(9)
] Course providers shall report
all unaccounted
original and duplicate
[
uniform certificates
of
] course completion
certificate numbers or unissued certificates
or duplicates
to the division within five business days of the discovery
of the incident. In addition, the course provider shall be responsible for
conducting an investigation to determine the circumstances surrounding the
unaccounted
items
[
uniform certificates of course completion
]. A report of the findings of the investigation, including preventative
measures for recurrence, shall be submitted for approval to the division within
30 days of the discovery [
on a form provided by TEA
].
(9)
[
(10)
] Each unaccounted or missing
original or duplicate course completion certificate number or blank or unissued
original or duplicate
uniform certificate of completion may be considered
a separate violation within the meaning of Texas Education Code, §1001.553.
This may include lost, stolen, or otherwise unaccounted
original or duplicate
course completion certificate number or blank or unissued original or duplicate
uniform certificates of course completion.
(10)
[
(11)
] Course providers shall mail
all
original and duplicate
uniform certificates of course completion
using first-class
or enhanced
postage or an equivalent commercial
delivery method.
(11)
[
(12)
] Course providers shall not
transfer [
uniform certificates of
] course completion
certificate
numbers
to a course other than the course for which the certificates
were ordered from TEA.
(12)
[
(13)
] No course provider or employee
shall complete, issue, or validate a uniform certificate of course completion
to a person who has not successfully completed
all elements of
the
entire course as verified by a TEA-licensed instructor.
(13)
No course provider or employee shall
issue, mail, transfer, or transmit an original or duplicate uniform certificate
of course completion bearing the serial number of a certificate or duplicate
previously issued.
(14)
Course providers shall sequentially number
original uniform certificates of course completion from the block of numbers
purchased from the division for the purpose specified in paragraph (13) of
this subsection.
(15)
When a duplicate uniform certificate
of course completion is issued by a course provider, the duplicate certificate
shall bear a serial number from the block of numbers purchased from the division
by the course provider. The duplicate certificate of course completion shall
clearly indicate the number of both the duplicate and the original serial
number of the certificate being replaced.
(16)
Any item on a duplicate uniform certificate
of course completion that has different data than that shown on the original
certificate must clearly indicate both the original data and the replacement
data; for example, a change in the date of course completion must show the
correct date and "changed from XX," where "XX" is the date shown on the original
uniform certificate of course completion.
(17)
Course providers shall charge a student
a fee of $10 for a duplicate uniform certificate of course completion, but
may waive the fee if the duplicate certificate is necessary due to error or
circumstances beyond the control of the student. A course provider may recover
the cost of overnight or commercial delivery services authorized by the student
for a duplicate uniform certificate of course completion.
(18)
Course providers shall use the guidelines
established and provided by TEA for the issuance of original and duplicate
uniform certificates of course completion.
(b)
School owner responsibilities. In order to prevent misuse
of uniform certificates of course completion, driving safety school owners
shall ensure that:
(1)
the course provider policies are followed and communicated
to all instructors and employees of the school; and
(2)
all records are returned to the course provider in a timely
manner as set forth by the course provider.
(c)
Instructor responsibilities. In order to prevent misuse
of uniform certificates of course completion, driving safety and specialized
driving safety instructors shall ensure that:
(1)
all records are returned to the driving safety school to
be forwarded to the course provider within the time allowed by course provider
policy;
(2)
the verification of course completion document provided
by the course provider is signed by the instructor who conducted the class
upon completion of the class;
(3)
the entire course is completed prior to signing the verification
of course completion document;
(4)
the court information is obtained from each student taking
the driving safety or specialized driving safety class for the purposes of
Code of Criminal Procedure, Article 45.051 and 45.0511. Students who want
an insurance reduction only shall have "insurance only" indicated in the court
information area on the verification of course completion document provided
to the course provider; and
(5)
the instructor adheres to the school and course provider
policies.
§176.1118.Application Fees and Other Charges.
(a)
If a driving safety school or course provider changes ownership,
the new owner shall pay the same fee as that charged for an initial fee for
a school
or course provider license
. In cases where, according
to §176.1104(g)(3) of this title (relating to Course Provider Licensure),
the change of ownership of a course provider is substantially similar, the
new owner shall pay the statutory fees allowed by Texas Education Code, §1001.151.
(b)
A late renewal fee shall be paid in addition to the annual
renewal fee if a driving safety school or course provider fails to postmark
a complete application for renewal at least 30 days before the expiration
date of the driving safety school license. The requirements for a complete
application for renewal are found in §176.1103(f) of this title (relating
to Driving Safety School Licensure) and §176.1104(i) of this title (relating
to Course Provider Licensure). The complete renewal application must be postmarked
or hand-delivered with a date on or before the due date.
(c)
License, application, and registration fees shall be collected
by the commissioner of education and deposited with the state treasurer according
to the following schedule.
(1)
The fee for a driving safety or specialized driving safety
course approval is $9,000.
(2)
The initial fee for a course provider is $2,000.
(3)
The initial fee for a driving safety school is $150.
(4)
The annual renewal fee for a course provider is $200.
(5)
The fee for a change of address of a course provider or
driving safety school is $50.
(6)
The fee for a change of name of a course provider or name
of owner is $100.
(7)
The fee for a change of name of a driving safety school
or name of owner is $50.
(8)
The application fee for each additional course for a driving
safety school is $25.
(9)
The application fee for each administrative staff member
is $15.
(10)
A processing fee of $50 shall accompany each application
for an original driving safety or specialized driving safety instructor's
license.
(11)
The annual instructor license fee is $25.
(12)
The late instructor renewal fee is $25.
(13)
The duplicate driving safety or specialized driving safety
instructor license fee is $8.00.
(14)
The fee for an investigation at a driving safety school
or course provider to resolve a complaint is $1,000.
(15)
The course provider late renewal fee is $200.
(16)
The driving safety school late renewal fee is $100.
[(17)
The fee for a duplicate uniform certificate
of course completion is $10.]
(17)
[
(18)
] The fee for a [
uniform
certificate of
] course completion
certificate number
is $1.70.
(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 Education
Code, §1001.460.
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 August 5, 2005.
TRD-200503273
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: September 18, 2005
For further information, please call: (512) 475-1497