What to Expect During a Driver Education School Inspection

Overview

The inspector will arrive and introduce themself and present state ID.

The inspector will ask to speak to the owner or manager. If neither is available, the inspector will notify the person in charge that the inspection will proceed.

The inspector will leave an inspection record with the school after completion.

License Required

• Providers must hold a current and valid license before operating a school or providing course materials
  Statute: 1001.201(a) and 1001.452
• In-person providers that operate branch locations must have a separate license for each branch location
  Statute: 1001.202
• Driver education instructors must hold a current and valid license
  Statute: 1001.251
• Driver education instructors must carry their instructor license at all times while instructing a driver education course
  Statute: 1001.356
• Licensed instructors must be available to students during all parts of coursework and instruction
  Statute: 1001.451(5)

Advertising

• Providers may not use false, misleading or deceptive advertising
  Statute: 1001.451
• Advertisements must not use names that are similar to other licensed providers or tax-supported educational establishments
  Rule: 84.80(a)
• Branch providers must conduct business using the same name as the primary driver education provider
  Rule: 84.80(c)
• Advertisements must include the provider name and license number as it appears on the provider license
  Rule: 84.80(f)

Recordkeeping

• Prior to enrollment, each student must receive a copy of the refund policy, schedule of all fees (to include tuition and any other charges), the school’s policies on student conduct and absences, and TDLR contact info for making complaints.
  Statute: 1001.204(b)(2)
• Providers must maintain a policy for the refund of the unused portion of student tuition, fees, and other charges
  Statute: 1001.402(a)
• Individual student records must contain the required information
  Rule: 84.41(f)
• Written or electronic records of student attendance must be prepared daily to document the attendance and absence of the students
  Rule: 84.46(a) and 84.81(c)
• Providers must keep a record of timecards for driver education instructors and schedules that reflect the duties and instruction times for instructors
  Rule: 84.81(a)
• Providers must ensure safekeeping of student records and certificates for a period of three years
  Rule: 84.81(b)
• Student contracts must be executed prior to the provider’s receipt of any money and maintained as part of the student records
  Rule: 84.82

Required Postings

• A consumer complaint sign must be prominently displayed in the place of business and also on each written contract for services
  Rule: 84.84
• A copy of the establishment’s most recent inspection report must be posted in a common area that is accessible to the public without assistance or permission during operating hours
  Rule: 84.100(b)

Facilities and Equipment

• Driver education providers must supply adequate space, equipment, instructional material and instructors to provide quality training in
  Statute: 1001.2041
• In-person driver training providers cannot operate a classroom facility in a private residence
  Rule: 84.90(b)
• Driver education providers must protect the security of driver education certificates or certificate numbers
  Rule: 84.43(a)(2)(F)
• Driver education providers must supply a current Texas Driver Handbook or equivalent materials to each student in the classroom
  Rule: 84.500

Vehicle Requirements

• Vehicles must be owned or leased by the owner of the driver education provider in the name of the driver education provider
  Rule: 84.42(a)
• Check valid registration/inspection and insurance
  Rule: 42(a)(1) and 84.42(a)(4)
• Check for instructor brake
  Rule: 84.42(a)(2)
• Check for Instructor rearview mirror
  Rule: 84.42(a)(3)

Prohibited Practices

• Instructors teaching more than 10 hours per-day of behind-the-wheel instruction
  Rule: 84.41(b)(4)
• Issuance of certificates when instruction has not been given
  Rule: 84.43(a)(2)(A)
• Conducting any part of a driver education course without having an instructor physically present in the appropriate proximity to the student
  Rule: 84.500(b)(1)(Q)
• Conducting a driver education course with over 36 regular students in classroom or over 4 students per instructor for in-car instruction
  Rule: 84.500(b)(1)(D) and 84.600(g)
• Instructing more hours than allowed
  Rule: 84.46(b)