(a) Unused DE-964s must not be transferred to another school without written approval by the department.
(b) The DE-964 document is a government record as defined under Texas Penal Code, §37.01(2). Any misrepresentation by the applicant or person issuing the form as to the prerequisite set forth may result in suspension or revocation of instructor credentials or program approval and/or criminal prosecution.
(c) The superintendent, college or university chief school official, ESC director, or their designee may request to receive serially numbered DE-964 certificates for exempt schools by submitting a completed order on the form provided by the department stating the number of certificates to be purchased and including payment of all appropriate fees. The department will accept purchase requisitions from school districts.
(d) All DE-964 certificates and records of certificates must be provided to the department or DPS upon request. The superintendent, college or university chief school official, ESC director, or their designee must maintain the school copies of the certificates. The chief school official, ESC or DPS director, or their designee must return unissued DE-964 certificates to the department within 30 days from the date the school discontinues the driver education program, unless otherwise notified.
(e) The public school may accept any part of the driver education instruction received by a student in another state; however, the student must complete all the course requirements for a Texas driver education program. Driver education instruction completed in another state must be certified in writing by the chief official or course instructor of the school where the instruction was given and include the hours and minutes of instruction and a complete description of each lesson provided. The certification document must be attached to the student's individual record at the Texas school and be maintained with the record for seven years.
(f) Students who are licensed in another state and have completed that state's driver education program should contact the DPS for information on the licensing reciprocal agreement between that state and Texas.
(g) All records of instruction must be included as part of the student's final history when it is necessary to compile multiple records to verify that a student successfully completed a driver education course.

Source Note: The provisions of this §84.601 adopted to be effective September 1, 2020, 45 TexReg 6069; amended to be effective June 1, 2023, 48 TexReg 2702