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RULE §84.305 Drug and Alcohol Driving Awareness Programs of Instruction

Published: 2015

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prior to
enrollment in the course. Exam questions may be short answer, multiple
choice, essay, or a combination of these forms.

  (2) Instructor development programs.
    (A) Drug and alcohol driving awareness program instructors
shall successfully complete 24 clock hours (50 minutes of instruction
in a 60-minute period) in the approved instructor development program
for the drug and alcohol driving awareness program to be taught, under
the supervision of a licensed drug and alcohol driving awareness
instructor who is designated by the course provider. Supervision is
considered to have occurred when the licensed instructor is present
and personally provides the 24 clock hours of training for drug and
alcohol driving awareness instructors, excluding clock hours approved
by TEA that may be presented by a guest speaker or using films and
other media that pertain directly to the concepts being taught.
    (B) Instruction records shall be maintained by the
course provider and licensed instructor for each instructor trainee
and shall be available for inspection by authorized division representatives
at any time during the training period and/or for license investigation
purposes. The instruction record shall include the trainee's name,
address, driver's license number, and other pertinent data; the name
and instructor license number of the person conducting the training;
and the dates of instruction, lesson time, and subject taught during
each instruction period. Each record shall also include unit, pre-
and post-program exam grades or other means of indicating the trainee's
aptitude and development. Upon satisfactory completion of the training
program, the instructor trainer conducting the training will certify
a copy of the instruction record for attachment to the trainee's application
for licensing.
    (C) The course provider shall sign all student instruction
records submitted for the TEA-approved instructor development program.
Original documents shall be submitted.
    (D) Instructor development programs may be offered
at approved classroom facilities of a licensed school which is approved
to offer the drug and alcohol driving awareness program being taught.
A properly licensed instructor shall present the program.
(b) Schools applying for approval of additional drug
and alcohol driving awareness programs after the original approval
has been granted shall submit the documents designated by the division
director with the appropriate fee. Programs shall be approved before
soliciting students, advertising, or conducting classes. An approval
for an additional program shall not be granted if the school's compliance
is in question at the time of application.
(c) If an approved program is discontinued, the division
director shall be notified within five working days of discontinuance.
Any program discontinued shall be removed from the list of approved
(d) If, upon review and consideration of an original,
renewal, or amended application for drug and alcohol driving awareness
program approval, the commissioner of education determines that the
applicant does not meet the legal requirements, the commissioner shall
notify the applicant, setting forth the reasons for denial in writing.
(e) The commissioner of education may revoke approval
of any drug and alcohol driving awareness program given to a course
provider or school under any of the following circumstances.
  (1) A statement contained in the application for the
program approval is found to be untrue.
  (2) The school has failed to maintain the faculty,
facilities, equipment, or programs of study on the basis of which
approval was issued.
  (3) The school and/or course provider has been found
to be in violation of Texas Education Code, Chapter 1001, and/or this
  (4) The program has been found to be ineffective in
carrying out the purpose of Texas Education Code, Chapter 1001.

Source Note: The provisions of this §84.305 adopted to be effective December 26, 1999, 24 TexReg 11367; amended to be effective February 26, 2009, 34 TexReg 1244; transferred effective September 1, 2015, as published in the Texas Register August 28, 2015, 40 TexReg 5471