19 TAC §75.1010
The Texas Education Agency (TEA) adopts an amendment to §75.1010,
concerning the certificate of completion of an approved driver education
course, without changes to the proposed text as published in the October
1, 1996, issue of the
Texas Register
(21
TexReg 9331).
The section establishes the fee for a driver education certificate and
requirements relating to issuing, completing, and maintaining the certificate.
The amendment authorizes the TEA to supply driver education certificates
to the Texas Department of Public Safety (DPS) for certification of DPS-approved
driver education courses based on a legal opinion received from the Attorney
General. The DPS submitted a request to the Texas Attorney General for a
legal opinion on the transfer of certificates and DPS-approved driver education
courses. The Attorney General's legal opinion expresses authority for TEA
to provide driver education certificates to DPS.
The following comments have been received regarding adoption of the amendment.
On November 25, 1996, the Texas Education Agency conducted a public hearing
in response to a request for public hearing from the Driving School Association
of Texas for the purpose of receiving public comment regarding the amendment
to 19 TAC §75.1010, Procedures for Student Certification.
Comment. A representative of the Texas Home School Coalition and an individual
testified in favor of the amendment and recommended that the commissioner
of education implement the amendment. The individual expressed an interest
in teaching her children driver education as soon as possible.
Agency Response. The agency provided no response for this comment.
Comment. A representative of the Driving School Association requested that
the commissioner of education review the driver education curriculum proposed
by the Texas Department of Public Safety (DPS) for courses taught by parents
and legal guardians. Additionally, the representative expressed a concern
that the system proposed by DPS did not guarantee students receiving course
benefits actually received training and that DPS did not have the resources
to adequately monitor the courses.
Agency Response. The agency is responsible for ensuring that DPS provides
a system of accountability and security for the driver education certificates
provided to them. The DPS is responsible for the approval of the course curriculum
and associated rules. The commissioner of education does not have the statutory
authority to review DPS curriculum and amend DPS rules. No changes to the
amendment were made.
Comment. Representatives from the Texas Driver and Traffic Safety Education
Association and Region VI Education Service Center expressed concerns that
driver education certificates provided by the agency to the DPS will be given
to parents who are not adequately trained to instruct driver education. Additionally,
they expressed concerns that the supervision of the parent instructors and
courses would be inadequate, that there was no guarantee students receiving
course benefits actually received training, and the vehicles used for behind-the-wheel
training would not be properly equipped.
Agency Response. The agency is responsible for ensuring that the DPS provides
a system of accountability and security for the driver education certificates
provided to them. The DPS is responsible for the approval of the course curriculum
and associated rules. The commissioner of education does not have statutory
authority to amend rules or statute for the driver education courses approved
by the DPS. No changes to the amendment were made.
The amendment is adopted under Senate Bill 964, §9A, 74th
Texas Legislature, 1995, which authorizes TEA to provide by rule for the
design and distribution of the driver education certificate and to charge
a fee for each certificate.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on December 18, 1996.
TRD-9618379
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: January 8, 1997
Proposal publication date: October 1, 1996
For further information, please call: (512) 463-9701