Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter M - CURRICULUM AND ALTERNATIVE METHODS OF INSTRUCTION › Section 84.502 - Driving Safety Courses of Instruction

Current through Reg. 49, No. 28; July 12, 2024
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)); implementation
				  of law enforcement procedures for traffic stops in accordance with the
				  provisions of the Community Safety Education Act (Senate Bill 30, 85th Regular
				  Legislature (2017)); 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
				  provide written declaration affirming that the translation of the course
				  materials is true and correct in the proposed language presented. Such
				  materials are subject to the approval of the department prior to its use in a
				  driver safety course. To be approved, each driving safety provider must submit
				  as part of the application a course content guide that includes the following:
(i) a statement of the course's traffic
				  safety goal and philosophy;
(ii) a
				  statement of policies and administrative provisions related to techniques of
				  instruction, standards, and performance;
(iii) a statement of policies and
				  administrative provisions related to student progress, attendance, makeup, and
				  conduct. The policies and administrative provisions must be used by each
				  driving safety provider that offers the course and include the following
				  requirements:
(I) appropriate standards to
				  ascertain the attendance of students. All driving safety providers must use
				  appropriate standards for documenting attendance to include the hours scheduled
				  each day and each hour not attended;
(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. The department may
				  make exceptions to this requirement on an individual basis;
(vii) instructional activities to be used to
				  present the material (lecture, films, other media, small-group discussions,
				  workbook activities, 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) instructional resources for each
				  unit;
(ix) techniques for
				  evaluating the comprehension level of the students relative to the
				  instructional unit. If oral or written questions are to be used to measure
				  student comprehension levels, they shall be included in the course guide. The
				  evaluative technique may be used throughout the unit or at the end;
				  and
(x) 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.
(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 a traditional classroom setting 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 a traditional
				  classroom setting, 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
				  material effort to establish the identity of the student.
(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)
				  Requirements for authorship. The course materials must be written by
				  individuals or organizations with recognized experience in writing
				  instructional materials.
(G)
				  Renewal of course approval. The course approval must be renewed every
				  even-numbered year.
(i) For approval, the
				  course owner shall update all the course content methodology, procedures,
				  statistical data, and references to law with the latest available
				  data.
(ii) 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 in order 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.
(I) The department may
				  revoke approval of any course given to a provider under any of the following
				  circumstances: