SECTION 75.1002. Driver Education Teachers

(a) To qualify to teach all phases of driver education to minors or adults and add a driver education endorsement as a specialization area on his or her current Texas teaching certificate, an individual must:

(1) possess a bachelor's degree;

(2) complete six semester hours of driver education classroom, in-car, simulation, and traffic safety instruction if the individual entered driver education teacher instructor development training before January 1, 1999, or for individuals entering driver education teacher instructor development training on or after January 1, 1999, complete nine semester hours of driver education classroom, in-car, simulation, and traffic safety instruction that include, as a minimum, learning activities that focus on preparing the prospective driver educator to conduct:

(A) driver education classroom knowledge courses with application to classroom organization; maintaining a learning environment; developing instructional modules for the classroom, observation, and simulator training; and facilitating learning experiences;

(B) learning activities that develop vehicle operational skills for a novice driver with emphasis placed on laboratory organization and administration; maintaining a learning environment; developing laboratory instructional modules; and conducting learning experiences; and

(C) driving task analysis that includes an introduction to the task of the driver within the highway transportation system with emphasis on risk perception and management and the decision-making process;

(3) possess a valid Texas teaching certificate as defined by the State Board for Educator Certification;

(4) possess a valid Texas driver's license for the type of vehicle used for instruction; and

(5) not have accumulated 6 or more penalty points on a driving record during the preceding 36-month period. The school must use the standards for assessing penalty points for convictions of traffic law violations and accident involvements established under Texas Transportation Code, Chapter 708, Subchapter B. Instructors that accumulated 6 or more penalty points during the preceding 36-month period cannot be issued an endorsement until it is documented that the accumulated penalty is less than 6 points.

(b) A fully certified teacher of driver education may be designated by the superintendent, college or university chief school official, education service center (ESC) director, or their designee assigned to manage the driver education program as a supervising teacher. A school district, an ESC, or a college or university that uses teaching assistants must designate a minimum of one driver education supervising teacher to supervise, mentor, and evaluate teaching assistants.

(c) A student instructor may teach any practice teaching necessary for certification in the classroom phase of a driver education program under the direction and in the direct presence of a driver education teacher or supervising teacher or in accordance with the provisions of an approved alternative certification program. A student instructor may teach any practice teaching necessary for certification in the in-car phase of a driver education program under the direction and in the direct presence of a driver education teacher, supervising teacher or teaching assistant. The student instructor shall sign the student record for the training they instruct, and the driver education teacher, supervising teacher, or teaching assistant that observed the instruction shall co-sign.

(d) Driver education instructors and student instructors shall provide training in an ethical manner so as to promote respect for the purpose and objectives of a driver education program. A driver education instructor or student instructor shall not:

(1) make any sexual or obscene comments or gestures while performing the duties of an instructor or give instruction or allow a student to secure instruction in the classroom or in a motor vehicle if that instructor or student is using or exhibits any evidence or effect of an alcoholic beverage, controlled substance, drug, abusable glue, aerosol paint, or other volatile chemical as those terms are defined in the Alcohol Beverage Code and the Health and Safety Code;

(2) falsify driver education records; or

(3) have accumulated 6 or more penalty points on a driving record during the preceding 36-month period. The school must use the standards for assessing penalty points for convictions of traffic law violations and accident involvements established under Texas Transportation Code, Chapter 708, Subchapter B. Instructors that accumulated 6 or more penalty points during the preceding 36-month period cannot provide instruction until it is documented that the accumulated penalty is less than 6 points.

(e) Driver education teachers and student instructors shall not teach more than eight hours of behind-the-wheel instruction per day.

Source Note: The provisions of this §75.1002 adopted to be effective January 1, 2000, 24 TexReg 11325; amended to be effective February 26, 2009, 34 TexReg 1236; amended to be effective December 29, 2010, 35 TexReg 11630