16 Tex. Admin. Code § 84.500 - Courses of Instruction for Driver Education Providers
(a) The educational
objectives of driver training courses must include, but not be limited to,
promoting respect for and encouraging observance of traffic laws and traffic
safety responsibilities of driver education and citizens; instruction on law
enforcement procedures for traffic stops in accordance with provisions of the
Community Safety Education Act; 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)); information relating to
the Texas Driving with Disabilities Program (Senate Bill 2304, 88th Regular
Legislature (2023)); litter prevention; anatomical gifts; safely operating a
vehicle near oversize or overweight vehicles; the passing of certain vehicles
as described in Transportation Code §
545.157; the
dangers and consequences of street racing; leaving children in vehicles
unattended; distractions; motorcycle awareness; alcohol awareness and the
effect of alcohol on the effective operation of a motor vehicle; recreational
water safety; reducing traffic violations, injuries, deaths, and economic
losses; the proper use of child passenger safety seat systems; and motivating
development of traffic-related competencies through education, including, but
not limited to, Texas traffic laws, risk management, driver attitudes, courtesy
skills, and evasive driving techniques.
(b) This subsection contains requirements for
driver education courses. All course content and instructional material must
include current statistical data, references to law, driving procedures, and
traffic safety methodology. For each course, curriculum documents and materials
may be requested as part of the application for approval. For courses offered
in a language other than English, the course materials must be accompanied by a
written declaration affirming that the translation of the course materials is
true and correct in the proposed language presented. Such course materials are
subject to the approval of the department prior to its use by a driver
education provider.
(1) Minor and adult
driver education course.
(A) The driver
education classroom phase for students age 14 and over must consist of:
(i) a minimum of 24 hours of classroom
instruction in the presence of a person who holds a driver education instructor
license or who meets the requirements for a driver education course conducted
by a parent, legal guardian, or designated person;
(ii) seven (7) hours of behind-the-wheel
instruction in the presence of a person who holds a driver education instructor
license or who meets the requirements for a driver education course conducted
by a parent, legal guardian, or designated person;
(iii) seven (7) hours of in-car observation
instruction in the presence of a person who holds a driver education instructor
license or who meets the requirements for a driver education course conducted
by a parent, legal guardian, or designated person; and
(iv) 30 hours of behind-the-wheel supervised
practice, including at least 10 hours of nighttime practice, in the presence of
a person at least 21 years of age, has at least one year of driving experience,
and holds a valid driver license. The 30 hours of behind-the-wheel supervised
practice are to be certified by a parent, legal guardian, or designated person
if the student is a minor. Simulation hours must not be substituted for the
behind-the-wheel supervised practice. Behind-the-wheel supervised practice is
limited to two hours per day.
(B) Providers are allowed five minutes of
break per instructional hour for all phases. No more than ten minutes of break
time may be accumulated for each two hours of instruction.
(C) Driver education course curriculum
content, minimum instruction requirements, and administrative guidelines for
classroom instruction, in-car instruction, simulation, and multicar range must
include the educational objectives established by the department in the POI-DE
and the requirements of this subchapter.
(D) Driver education providers that desire to
instruct students age 14 and over in an in-person classroom program must
provide the same beginning date for each student in the same class of 36 or
less. No student must be allowed to enroll and start the classroom phase after
the fifth hour of classroom instruction has begun.
(E) Students must receive classroom
instruction from an instructor who is licensed by the department. An instructor
must be in the classroom and available to students during the entire 24 hours
of instruction, including self-study assignments. Instructors must not have
other teaching assignments or administrative duties during the 24 hours of
classroom instruction.
(F) Videos,
tape recordings, guest speakers, and other instructional media that present
concepts required in the POI-DE may be used as part of the required 24 hours of
in-person classroom instruction. Such supplemental instruction must not exceed
720 minutes of total in-person classroom hours.
(G) Self-study assignments occurring during
regularly scheduled class periods must not exceed 25 percent of the course and
must be presented to the entire class simultaneously.
(H) Each classroom student must be provided a
driver education textbook or access to instructional materials that are in
compliance with the POI-DE approved for the school. Instructional materials,
including textbooks, must be in a condition that are legible and free of
obscenities.
(I) A copy of the
current edition of the "Texas Driver Handbook" or equivalent study material
must be made available to each student enrolled in the classroom phase of the
driver education course.
(J) Each
student, including makeup students, must be provided their own seat and table
or desk while receiving classroom instruction. A provider must not enroll more
than thirty-six (36) students, excluding makeup students, and the number of
students may not exceed the number of seats and tables or desks available at
the provider's location.
(K) When a
student changes providers, the provider must follow the current transfer policy
developed by the department.
(2) Driver Education Behind-the-Wheel and
In-Car Instruction
(A) All behind-the-wheel
instruction must include actual driving operation by the student. A provider
must not permit a ratio of more than four students per instructor or exceed the
seating and occupant restraint capacity of the vehicle used for instruction.
Providers that allow one-on-one instruction must notify the parents in the
contract.
(B) A student must have a
valid driver's license or learner license in his or her possession during any
behind-the-wheel instruction or supervised practice.
(C) All behind-the-wheel instruction and
supervised practice extended by the provider must begin no earlier than 5:00
a.m. and end no later than 11:00 p.m.
(D) A provider may use multimedia systems,
simulators, and multicar driving ranges for behind-the-wheel and observation
instruction in a driver education program. Each simulator, including the filmed
instructional programs, and each plan for a multicar driving range must meet
state specification developed by DPS and the department. A licensed driver
education instructor must be present during use of multimedia systems,
simulators, and multicar driving ranges.
(E) Four periods of at least 55 minutes per
hour of instruction in a simulator may be substituted for one hour of
behind-the-wheel and observation instruction. Two periods of at least 55
minutes per hour of multicar driving range instruction may be substituted for
one hour of behind-the-wheel and observation instruction relating to elementary
or city driving lessons. However, a minimum of four hours must be devoted to
actual behind-the-wheel and observation instruction.
(c) In a minor and adult driver
education program, a student may apply to the DPS for a learner license after
completing the objectives found in Module One: Traffic Laws of the POI-DE.
(d) The instructor must be
physically present in appropriate proximity to the student for the type of
instruction being given. A driver education instructor, or provider owner must
sign or stamp all completed classroom instruction records.
(e) The driver education provider must make a
reasonable effort to validate the identity of the student at the time of
enrollment.
Notes
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