(a) Relevant driver training entities.
  (1) A relevant driver training entity may request driver education certificates or certificate numbers by submitting an online, mailed or faxed department prescribed order form, signed by an authorized representative of the relevant driver training entity, stating the number of driver education certificates or certificate numbers to be purchased and include payment of all appropriate fees. A signature is not required for orders placed through the online system.
  (2) Relevant driver training entities must:
    (A) issue driver education certificates or certificate numbers only to students who have successfully completed the applicable portion of the approved driver education course;
    (B) issue driver education certificates or certificate numbers in serial number order as purchased from the department;
    (C) indicate the serial number of the original driver education certificate or certificate number on such certificate or certificate number and any issued duplicate, if necessary;
    (D) not use an ADE-1317 driver education certificate or certificate number to replace a DE-964 driver education certificate or certificate number;
    (E) not transfer unassigned or blank driver education certificates or certificate numbers at any time;
    (F) maintain effective protective measures to ensure the security of driver education certificates or certificate numbers to prevent the unauthorized production or misuse of the certificates, and for the recovery of lost data (electronic or otherwise) for such certificates or certificate numbers;
    (G) maintain reconciliation records of all purchased, issued, unissued or unassigned driver education certificates or certificate numbers in ascending serial number order, and ensure security and recovery of the reconciliation record data;
    (H) make all records available for review by representatives of the department upon request;
    (I) return unissued driver education certificates or certificate numbers to the department within thirty (30) calendar days from the date of the discontinuance of the driver education program, unless otherwise notified by the department;
    (J) report to the department all unaccounted driver education certificates or certificate numbers within fifteen (15) working days of the discovery of the incident;
    (K) conduct an investigation to determine the circumstances surrounding their unaccounted driver education certificates and report the investigation findings, including preventative measures for recurrence, to the department within thirty (30) calendar days of the discovery;
    (L) develop and maintain effective policies and processes to ensure constant privacy, security, and integrity of confidential student information, personal and financial, and make the privacy policy available to all students; and
    (M) ensure that the front of each driver education certificate contains the department's complaint contact information and current department telephone number in a font that is visibly recognizable.
  (3) Each unaccounted original or duplicate driver education certificate or certificate number (whether lost, stolen, blank, or unissued) may be considered a separate violation.
  (4) The right to receive driver education certificates may be immediately suspended for a period determined by the department if:
    (A) a department investigation is in progress and the department has reasonable cause to believe the certificates have been misused or abused or that adequate security was not provided; or
    (B) the relevant driver training entity or its designee fails to provide information on records requested by the department within the required time.
  (5) The driver education certificate is a government record as defined under Texas Penal Code, §37.01(2). Any misrepresentation by the applicant or person issuing the driver education certificate may result in suspension or revocation of instructor credentials or program approval and/or criminal prosecution.
(b) Driver education provider responsibilities.
  (1) Driver education certificates or certificate numbers must only be ordered by driver education providers. The primary driver education provider must order all driver education certificates and certificate numbers for its branch locations.
  (2) A driver education provider must issue the "For Learner License Only" portion of the DE-964 certificate to the student upon successful completion of Module One of the Program of Organized Instruction for Driver Education and Traffic Safety.
  (3) A driver education provider must issue the "For Driver License Only" portion of the DE-964 certificate to the student upon successful completion of the driver education course.
  (4) The exception to paragraphs (2) and (3) is a request for transfer by the parent or legal guardian of the student. The transfer policy will be followed to comply with the parent or legal guardian request for transfer.
  (5) The DPS copy of a driver education certificate must contain the original signature of the driver education instructor, or the designated parent-taught driver education instructor as applicable. The name of the driver education provider owner or its designee may be written, stamped, or typed.
(c) Public or Private Schools, Education Service Centers, Colleges or Universities responsibilities.
  (1) The driver education certificates must be issued to the superintendent, college or university chief school official, ESC director, or their designee responsible for managing the certificates for the school. This does not remove the superintendent, college or university chief school official, or ESC director from obligations pursuant to this subchapter to oversee the program.
  (2) The department will accept purchase requisitions from school districts.
  (3) Each superintendent, college or university chief school official, ESC director, or their designee must ensure that the policies concerning driver education certificates are followed by all individuals who have responsibility for the certificates.
  (4) The superintendent, college or university chief school official, ESC director, or their designee must ensure that employees issue a driver education certificate only to a person who has successfully completed the entire portion of the course for which the driver education certificate is being used.
    (A) The "For Learner License Only" portion of the driver education certificate must be issued to the student upon completion of Module One of the Program of Organized Instruction for Driver Education and Traffic Safety.
    (B) The "For Driver License Only" portion of the driver education certificate must be issued to the student upon completion of the driver education program.
    (C) The exception to subparagraphs (A) and (B) is a request for transfer by the parent or legal guardian of the student. The transfer policy will be followed to comply with the parent or legal guardian request for transfer.
  (5) The DPS copy of a driver education certificate must contain the original signature of the driver education instructor. The name of the superintendent, college or university chief school official, ESC director, or their designee may be written, stamped, typed, or omitted.
  (6) The superintendent, college or university chief school official, ESC director, or their designee must complete the affidavit on the driver education certificate if the licensed instructor has left the driver education program, become seriously ill or deceased.

Source Note: The provisions of this §84.43 adopted to be effective June 1, 2023, 48 TexReg 2702