Driver Education Schools and Instructors Penalties and Sanctions
Texas Education Code Chapter 1001
16 Texas Administrative Code Chapter 84
Class A Violations
Penalty: Fine between $100 – $250.
Administrative Violations
| Violation | Code |
|---|---|
| Failed to require a student to complete 30 hours of behind-the-wheel instruction, including at least 10 hours of instruction that takes place at night as required | Education Code 1001.101(b)(3) |
| Failed to carry instructor’s license at all times | Education Code 1001.356 |
| Failed to maintain a current mailing address, telephone and e-mail address with the department | 16 TAC 84.41(a)(1) |
| Failed to ensure that no instructor provides more than 10 hours of behind-the-wheel instruction per day | 16 TAC 84.41(a)(6) |
| Failed to maintain a record reconciling all DE-964s and ADE-1317s | 16 TAC 84.43(a) |
| Failed to maintain a record reconciling all certificate numbers | 16 TAC 84.43(d)(1) |
| Failed to notify the department of a change of address in writing within 30 days | 16 TAC 84.44(g) |
| Failed to provide a statement stating the conditions for dismissal | 16 TAC 84.47(1) |
| Failed to provide a statement stating the conditions for reentry of students | 16 TAC 84.47(2) |
| Failed to properly display a copy of the establishment’s most recent inspection report | 16 TAC 84.100(e) |
Posting and Public Information-Related Violations
| Violation | Code |
|---|---|
| Failed to notify consumers and service recipients of the department’s complaint information | 16 TAC 84.41(c)(4); 84.83(c); 84.84 |
Operations-Related Violations
| Violation | Code |
|---|---|
| Failed to make every effort to resolve disputes between students and the school | 16 TAC 84.83(b) |
Class B Violations
Penalty Range: $150 to $500 and/or up to 1-year full suspension
Administrative Violations
| Violation | Code |
|---|---|
| Failed to apply for a new driver training school license at least 30 days before the date of a change of ownership | Education Code 1001.213(b) |
| Failed to notify the department in writing of any change of address at least 15 days before the move of a driver education school | 16 TAC 84.40(e)(1) |
| Failed to submit change of address fee prior to actual move | 16 TAC 84.40(e)(2) |
| Failed to report all unaccounted DE-964s and ADE-1317s to the department within 15 working days | 16 TAC 84.43(b)(3) |
| Failed to submit findings of the investigation of unaccounted DE-964 and ADE-1317s to the department within 30 days | 16 TAC 84.43(b)(3) |
| Failed to issue a duplicate DE-964 or ADE-1317 which indicates the control number of the original certificate | 16 TAC 84.43(c) |
| Failed to make available to the department upon request an ascending numerical accounting record of certificates issued | 16 TAC 84.43(d)(3) |
| Failed to report all unaccounted numbers or certificates to the department within 5 working days | 16 TAC 84.43(d)(6) |
| Failed to submit findings of the investigation of unaccounted numbers or certificates to the department within 30 days | 16 TAC 84.43(d)(6) |
| Failed to sequentially number original driver education certificates from the block of numbers purchased from the department | 16 TAC 84.43(d)(9) |
| Failed to ensure the duplicate driver education certificate bears a serial number from the block of numbers purchased from the department by the school | 16 TAC 84.43(d)(10) |
| Failed to ensure the duplicate driver education certificate contains the number of both the duplicate and the original serial number of the certificate being replaced | 16 TAC 84.43(d)(10) |
| Failed to provide a cancellation and refund policy in accordance with Code and chapter | 16 TAC 84.200(a) |
Advertising Violations
| Violation | Code |
|---|---|
| Used advertising that was false, misleading, or deceptive | Education Code 1001.451(1); 16 TAC 84.80(d) |
| Failed to use the same name at branch school as the primary school | 16 TAC 84.40(i); 84.80(c) |
| Advertised or otherwise stated or implied that a driver’s license, permit or DE-964 is guaranteed or assured to any student or individual who will take or complete a course | 16 TAC 84.40(j) |
| Failed to include the school name or number exactly as it appears on the driver education school license | 16 TAC 84.40(k) |
| Conducted business or advertised under a name that is deceptively similar to another without approval | 16 TAC 84.80(a) |
| Used names other than the approved school name | 16 TAC 84.80(b) |
Instructor Violations
| Violation | Code |
|---|---|
| Failed to abide by the Program of Organized Instruction | 16 TAC 84.44(b)(1)(B); 84.44(b)(2)(B) |
| Performed other than in-car instruction as a teaching assistant | 16 TAC 84.44(b)(3)(C) |
| Failed to provide evidence of completing an approved continuing education course | 16 TAC 84.44(d)(1) |
Curriculum-Related Violations
| Violation | Code |
|---|---|
| Provided courses not on the school’s list of approved courses | 16 TAC 84.41(a)(3) |
Operations-Related Violations
| Violation | Code |
|---|---|
| Failed to request an initial inspection from the department | 16 TAC 84.101(b) |
| Conducted a class at a contract site without prior approval | 16 TAC 84.40(l) |
| Failed to ensure that all instructors are currently licensed by the department | 16 TAC 84.41(a)(2) |
| Failed to implement appropriate standards to ascertain the progress of students | 16 TAC 84.45; 84.45(1); 84.45(2); 84.45(3) |
| Failed to limit driver education training to 5 hours per day | 16 TAC 84.46(c) |
| Failed to limit classroom instruction to 2 hours per day | 16 TAC 84.46(c) |
| Failed to limit in-car instruction to 3 hours per day | 16 TAC 84.46(c) |
| Failed to limit behind-the-wheel instruction to 1 hour per day, except as otherwise provided | 16 TAC 84.46(c)(1) |
| Failed to include 10-minute break when giving a 2-hour behind-the-wheel instruction | 16 TAC 84.46(d) |
| Failed to complete a student’s hours of instruction within the timeline specified in the original student enrollment contract | 16 TAC 84.46(e) |
| Initiated or encouraged student absences | 16 TAC 84.46(f) |
| Failed to obtain parent or guardian agreement for any variance to the timeline in the original enrollment contract | 16 TAC 84.46(i) |
| Failed to have a written grievance procedure that is disclosed to all students | 16 TAC 84.83(a) |
| Failed to comply with all state and local ordinances governing housing and safety | 16 TAC 84.90(d) |
| Failed to retain proof of completion of the refund on file within 75 days of the effective date of termination | 16 TAC 84.200(d) |
| Failed to identify on refund check student to whom the refund is assigned | 16 TAC 84.200(d) |
Record-Related Violations
| Violation | Code |
|---|---|
| Failed to make available accurate records as required | Education Code 1001.451(2); 16 TAC 84.40(h)(1); 84.81(a)(1) |
| Failed to make available records and all unissued or unnumbered certificates readily available to the department for review | 16 TAC 84.43(d)(2) |
| Failed to document and maintain student attendance records daily | 16 TAC 84.46(a); 84.81(a)(3) |
| Failed to ensure electronic signatures comply with Tex. Bus. and Comm. Code, Ch. 322 | 16 TAC 84.46(a); 84.82(a)(1) |
| Failed to accurately complete all school records and applications | 16 TAC 84.81(a)(1) |
| Failed to include in the records accurate timecards and schedules for instructors | 16 TAC 84.81(a)(1) |
| Failed to retain student records for at least 3 years | 16 TAC 84.81(a)(2) |
| Failed to maintain student completion records at the site of instruction for 12 months | 16 TAC 84.81(a)(2) |
| Failed to include required information in the attendance records | 16 TAC 84.81(a)(3)(A); 84.81(a)(3)(B); 84.81(a)(3)(C); 84.81(a)(3)(D) |
| Failed to furnish each student a duplicate of his or her completed instruction record | 16 TAC 84.81(a)(3)(E) |
| Released prohibited student identifying information | 16 TAC 84.81(a)(3)(F) |
| Failed to include required information in all driver education student enrollment contracts | 16 TAC 84.82(a)(2); 84.82(a)(3) |
| Failed to include a copy of each contract in the student file | 16 TAC 84.82(a)(5) |
| Failed to maintain refund documents for 75 days from the date of termination | 16 TAC 84.200(d) |
Vehicle-Related Violations
| Violation | Code |
|---|---|
| Conduct in-car instruction in a vehicle not owned or leased by the driver education school | 16 TAC 84.42 |
| Failed to ensure all vehicles used by the school were properly registered and inspected by the Texas Department of Motor Vehicles | 16 TAC 84.42(1) |
| Failed to ensure all vehicles used by the school are equipped with a dual control brake pedal | 16 TAC 84.42(2) |
| Failed to ensure all vehicles used by the school are equipped with an extra inside rearview mirror on the instructor’s side and an outside rearview mirror on both sides. | 16 TAC 84.42(3) |
| Failed to ensure all vehicles used by the school are properly insured | 16 TAC 84.42(4) |
Class C Violations
Penalty Range: $250 to $750 and/or up to revocation
Administrative Violations
| Violation | Code |
|---|---|
| Failed to notify the department within 15 working days of a driver training school closing and the last day of classes | Education Code 1001.451(2); 16 TAC 84.40(h)(1) |
| Failed to provide written notice to the department of the last day of classes | 16 TAC 84.40(h)(1) |
Certificate-Related Violations
| Violation | Code |
|---|---|
| Issued, sold, traded or transferred a certificate to a person or driver training school not authorized to possess the certificate | Education Code 1001.451(3)(A) |
| Issued, sold, traded or transferred a certificate to a person who has not successfully completed a department-approved course | Education Code 1001.451(3)(C); 16 TAC 84.41(a)(4); 84.43(d)(5); 84.45(4) |
| Failed to develop and maintain a department-approved method for printing and issuing original and duplicate driver education certificates that prevents the unauthorized production or misuse | 16 TAC 84.41(c)(3) |
| Transferred unassigned DE-964s and ADE-1317s to another school without department approval | 16 TAC 84.43(b)(2) |
| Failed to maintain effective protective measures to ensure that unissued DE-964s and ADE-1317s are secure | 16 TAC 84.43(b)(3) |
| Failed to conduct an investigation to determine the circumstances surrounding the unaccounted DE-964s and ADE-1317s | 16 TAC 84.43(b)(3) |
| Failed to return unissued DE-964 and ADE-1317 certificates to the department within 30 days from the date the school closed | 16 TAC 84.43(b)(4) |
| Failed to implement and maintain a policy which effectively ensures protective measures for securing certificates numbers | 16 TAC 84.43(d)(2) |
| Failed to maintain electronic files with data pertaining to all driver education certificate numbers purchased from the department | 16 TAC 84.43(d)(3); 84.43(d)(4) |
| Failed to ensure security of electronic files and data | 16 TAC 84.43(d)(3); 84.43(d)(4) |
| Failed to report all unaccounted driver education numbers to the department within 5 working days of the discovery | 16 TAC 84.43(d)(6) |
| Failed to submit a report of the findings of the investigation of unaccounted driver education numbers to the department within 30 days of the discovery | 16 TAC 84.43(d)(6) |
| Transferred driver education certificate numbers to another school without department approval | 16 TAC 84.43(d)(8) |
| Failed to return unissued DE-964 and ADE-1317 certificate numbers to the department within 30 days from school closure | 16 TAC 84.43(d)(11) |
Curriculum-Related Violations
| Violation | Code |
|---|---|
| Failed to require minimum 32-hours of classroom instruction | Education Code 1001.101(a); 16 TAC 84.500(b)(1)(A)(i) |
| Failed to require a student to complete 7 hours of behind-the-wheel instruction as required | Education Code 1001.101(b)(1) |
| Failed to require a student to complete 7 hours of observation instruction as required | Education Code 1001.101(b)(2) |
| Offered an adult driver education course that was not 6 hours | Education Code 1001.1015(b)(1) |
| Offered an adult driver education course that did not include instruction in required content | Education Code 1001.1015(b)(2) |
Facility-Related Violations
| Violation | Code |
|---|---|
| Conducted a course in a facility not approved by the department | 16 TAC 84.90(a) |
| Conducted a course in a private residence | 16 TAC 84.90(b) |
| Failed to meet the use requirements of the maximum number of current students | 16 TAC 84.90(c) |
| Failed to ensure classroom facilities, when used for instruction, met all requirements | 16 TAC 84.90(e) |
| Failed to provide designated instructional areas that ensure students are able to see and hear the instructor and audiovisual aids | 16 TAC 84.90(f) |
License or Inspection-Related Violations
| Violation | Code |
|---|---|
| Operated a school that provides a driver education course without a driver education school license | Education Code 1001.201(1) |
| Taught a driver education course at a branch location of a driver education school without a separate driver education school license for its main business location and each branch location | Education Code 1001.202(a) |
| Taught or provided driver education without a driver education instructor license | Education Code 1001.251(a) |
| Conducted a course of instruction before the date the driver training school receives a driver training school license | Education Code 1001.452 |
| Failed to obtain original license or branch school upon purchasing a licensed driver education school | 16 TAC 84.40(d)(1) |
| Operated a driver education school which has changed ownership without an inspection and approval by the department | 16 TAC 84.101(a) |
Operations-Related Violations
| Violation | Code |
|---|---|
| Conducted any part of a driver education course without having an instructor physically present | Education Code 1001.451(5) |
| Failed to ensure all instructors are properly licensed with the correct endorsement | 16 TAC 84.41(a)(2) |
| Authorized, approved, or conducted instruction in a motor vehicle that failed to meet all requirements | 16 TAC 84.41(a)(5) |
| Failed to develop and maintain a means to ensure the security and integrity of student information | 16 TAC 84.41(c)(1); 84.41(c)(2) |
| Refused to cooperate with an inspector in the performance of the inspection | 16 TAC 84.100(d); 60.23(a)(3) |
Tuition and Refund-Related Violations
| Violation | Code |
|---|---|
| Failed to refund all tuition and fees paid on the discontinuation of a course | Education Code 1001.403 |
| Negotiated a promissory instrument received as payment of tuition or another charge before the student completes 75 percent of the course, except as permitted | Education Code 1001.451(4) |
| Failed to assume all refund liabilities incurred by the seller or any former owner | 16 TAC 84.40(d)(2) |
| Failed to provide a pro-rata refund (without deducting administrative expense) to a student who is not willing to change location | 16 TAC 84.40(e)(3) |
| Failed to provide a pro-rata refund (without deducting administrative expense) to a student of a branch school that closes | 16 TAC 84.40(h)(3) |
| Failed to execute a student contract prior to receiving any money | 16 TAC 84.82(a)(1) |
| Failed to issue refund that corresponds to the actual instructional hours not provided | 16 TAC 84.200(c) |
| Failed to complete refund within 30 days after the effective date of termination except as allowed under §84.46 | 84.200(d) |
Class D Violations
Penalty Range: $1,000 and/or revocation
Compliance, Fraud or Unethical Conduct-Related Violations
| Violation | Code |
|---|---|
| Failed to comply with an order of the executive director or commission | Occupations Code 51.353(a) |
| Instructor failed to meet a requirement for issuance of or holding a license | Education Code 1001.455(a)(1) |
| Instructor permitted or engaged in misrepresentation, fraud or deceit in applying for obtaining a certificate, license or permit | Education Code 1001.455(a)(2) |
| Instructor induced fraud or fraudulent practices in an action between the application for a driver’s license or permit | Education Code 1001.455(a)(3) |
| Instructor permitted or engaged in any other fraudulent practice in an action between the applicant or license holder and the public | Education Code 1001.455(a)(4) |