(a) All courses must be conducted in accordance with a department-approved curriculum.     
      (b) The student-to-instructor ratio for classroom instruction of a course may not exceed 36 students per instructor.     
      (c) The student-to-instructor ratio for range instruction may not exceed eight students per instructor, or a more restrictive ratio imposed by the approved curriculum.     
      (d) For two-wheeled motorcycle courses, a separate motorcycle must be available for each student. For three-wheeled motorcycle courses, no more than two students may share a motorcycle.     
      (e) All students and instructors must wear protective gear when participating in the on-cycle activities of the course. The minimum protective gear includes:      
        (1) a motorcycle helmet that meets the standards of the U.S. Department of Transportation;       
        (2) eye protection;       
        (3) over-the-ankle, sturdy footwear;       
        (4) a long-sleeved shirt or jacket;       
        (5) non-flare pants that cover the entire leg and are made from a material that is at least as sturdy as denim; and       
        (6) full-fingered gloves.       
      (f) No person shall be on the range during any phase of range instruction except:      
        (1) instructors who are providing instruction, assistance, or evaluation;       
        (2) students who are enrolled in the course being conducted;       
        (3) interpreters or other assistants providing services to accommodate a disability or other condition required by law to be accommodated; or       
        (4) range assistants who are:                  (A) enrolled in an instructor training course described in §98.22; or                   (B) all of the following:                      (i) at least 16 years old;                       (ii) employed by or contracted with the motorcycle school; and                       (iii) trained by the motorcycle school to provide non-instructional support.           
      (g) A range assistant may not provide any form of instruction or evaluation of students, but may provide non-instructional support, limited to:      
        (1) moving motorcycles;       
        (2) setting up, removing, or operating classroom equipment and materials;       
        (3) setting or removing cones or other objects for range exercises;       
        (4) performing on-site motorcycle maintenance; and       
        (5) conducting demonstrations of riding exercises under the supervision of an instructor, if allowed by the approved curriculum.       
     Source Note:        The provisions of this §98.108 adopted to be effective September 1, 2020, 45 TexReg 6088; amended to be effective September 1, 2021, 46 TexReg 5410; amended to be effective January 1, 2024, 48 TexReg 7980