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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)