16 Tex. Admin. Code § 84.504 - Driving Safety Courses of Instruction
This section contains requirements for traditional classroom driving safety courses. For each course, the following curriculum documents and materials are required to be submitted as part of the application for approval. Courses of instruction must not be approved that contain language that a reasonable and prudent individual would consider inappropriate. Any changes and updates to a course must be submitted by the driving safety provider and approved prior to being offered.
(1) Driving safety courses.
(A) Educational objectives. The educational
objectives of driving safety courses must include, but not be limited to,
promoting respect for and encouraging observance of traffic laws and traffic
safety responsibilities of drivers and citizens; 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)); implementation of law enforcement procedures for
traffic stops in accordance with the provisions of the Community Safety
Education Act; the proper use of child passenger safety seat systems; 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; reducing traffic violations;
reducing traffic-related injuries, deaths, and economic losses; 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 driving safety provider must
affirm that the translation of the course materials is true and correct in the
proposed language presented. Such materials are subject to review by the
department. Each driving safety course must include the following:
(i) a statement of the course's traffic
safety goal;
(ii) a statement of
policies related to techniques of instruction, standards, and performance;
(iii) a statement of policies
related to student progress, attendance, makeup, and conduct. The policies must
be used by each driving safety provider and include the following requirements:
(I) appropriate standards to ascertain the
attendance and identity of students. All driving safety providers must use
appropriate standards for documenting attendance;
(II) 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;
(III) any period of absence for any portion
of instruction will require that the student complete that portion of
instruction in a manner determined by the driving safety provider;
and
(IV) 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 must not be used in excess of 165 minutes of
the 300 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;
(vii) instructional activities and resources
to be used to present the material (lecture, films, other media, small-group
discussions, workbook materials, written and oral discussion questions, etc.).
When small-group discussions are planned, the course content guide must
identify the questions that will be assigned to the groups;
(viii) techniques for evaluating the
comprehension level of the students; and
(ix) a completed form cross-referencing the
instructional units to the topics identified in Chapter Four of the COI-Driving
Safety. A form to cross-reference the instructional units to the required
topics and topics unique to the course will be provided by the department upon
request.
(C) Course and
time management. Approved driving safety courses must be presented in
compliance with the following guidelines and must include statistical
information drawn from data maintained by the Texas Department of
Transportation or National Highway Traffic Safety Administration.
(i) A minimum of 300 minutes of instruction
is required.
(ii) The total length
of the course must consist of a minimum of 360 minutes.
(iii) Sixty (60) minutes of time, exclusive
of the 300 minutes of instruction, must be dedicated to break periods or to the
topics included in the minimum course content. All break periods must be
provided after instruction has begun and before the comprehensive examination
and summation.
(iv) Administrative
procedures such as enrollment must not be included in the 300 minutes of the
course.
(v) Courses conducted in a
single day in an in-person classroom must allow a minimum of 30 minutes for
lunch.
(vi) Courses taught over a
period longer than one day must provide breaks on a schedule equitable to those
prescribed for one-day courses. However, all breaks must be provided after the
course introduction and prior to the last unit of the instructional day or the
comprehensive examination and summation, whichever is appropriate.
(vii) The order of topics must be approved by
the department as part of the course approval, and for each student, the course
must be taught in the order identified in the approved application.
(viii) Students must not receive a uniform
certificate of course completion unless that student receives a grade of at
least 70 percent on the final examination.
(ix) In an in-person classroom, 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
must have no more than 50 students.
(x) The driving safety provider must make a
reasonable effort to validate the identity of the student at the time of
enrollment.
(D) Minimum
course content. Driving Safety course content, including video and multimedia,
must include current statistical data, references to law, driving procedures,
and traffic safety methodology, as shown in the COI-Driving Safety, to assure
student mastery of the subject matter.
(E) Examinations. Each course provider shall
submit for approval, as part of the application, tests designed to measure the
comprehension level of students at the completion of the driving safety course.
The comprehensive examination for each driving safety course must include at
least two questions from the required units set forth in Chapter Four, Topics
Two through Twelve of the COI-Driving Safety, for a total of at least 20
questions. The final examination questions shall be of such difficulty that the
answer may not easily be determined without completing the actual instruction.
Provider-designated persons who offer or provide instruction must not assist
students in answering the final examination questions but may facilitate
alternative testing. Students must not be given credit for the driving safety
course unless they score 70 percent or more on the final test. The provider
must identify alternative testing techniques to be used for students with
reading, hearing, or learning disabilities and policies for retesting students
who score less than 70 percent on the final examination. The provider may
choose not to provide alternative testing techniques; however, students shall
be advised whether the course provides alternative testing prior to enrollment
in the course. Test questions may be short answer, multiple choice, essay, or a
combination of these forms.
(F) The
course owner shall update all the course content methodology, procedures,
statistical data, and references to law with the latest available data.
(G) The department may alter the
due date of the renewal documents by giving the approved course six months'
notice. The department may alter the due date to ensure that the course is
updated six months after the effective date of new state laws passed by the
Texas Legislature.
(H) If, upon
review and consideration of an original, renewal, or amended application for
course approval, the department determines that the applicant does not meet the
legal requirements, the department shall notify the applicant, setting forth
the reasons for denial in writing.
(2) The department may revoke approval of any
course given to a provider under any of the following circumstances:
(A) Any information contained in the
application for the course approval is found to be untrue;
(B) The school has failed to maintain the
courses of study on which previous approval was issued;
(C) The provider has been found to be in
violation of the Code, and/or this chapter; or
(D) The course has been found to be
ineffective in meeting the educational objectives set forth in paragraph
(1)(A).
Notes
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