(a) The DE-964 and ADE-1317 shall be issued only to
primary driver education schools. The primary driver education school
shall maintain a record reconciling all DE-964s and ADE-1317s that
are distributed to branch driver education schools and contract sites.
(b) School owners shall be responsible for the DE-964
and ADE-1317 in accordance with this subsection.
  (1) A licensed or exempt driver education school may
request the serially numbered DE-964s and ADE-1317s by submitting
an order form provided by the Texas Education Agency (TEA) stating
the number of DE-964s and ADE-1317s to be purchased and including
payment of all appropriate fees. The form shall have the original
signature of the driver education school owner or school director.
  (2) A driver education school shall not transfer DE-964s
and ADE-1317s to a school other than the school for which the certificates
were ordered from TEA without written approval from the division.
  (3) Each driver education school owner shall ensure
that the policies concerning the DE-964 and ADE-1317 are followed
and communicated to all instructors and employees of the school and
that the DE-964s and ADE-1317s are signed and issued as approved by
TEA.
  (4) The driver education school owner or school director
shall maintain effective protective measures to ensure that unissued
DE-964s and ADE-1317s are secure. The driver education school owner
or school director shall report all unaccounted DE-964s and ADE-1317s
to the division within five working days of the discovery of the incident.
In addition, the driver education school shall be responsible for
conducting an investigation to determine the circumstances surrounding
the unaccounted DE-964s and ADE-1317s. A report of the findings of
the investigation, including preventative measures for recurrence,
shall be submitted to the division within 30 days of the discovery.
Failure to provide adequate security may result in action against
the instructor and/or school approvals and licenses. Each unaccounted
DE-964 or ADE-1317 may be considered a separate violation within the
meaning of Texas Education Code (TEC), §1001.553(b).
  (5) No driver education school owner or employee shall
complete, issue, or validate a DE-964 or ADE-1317 to a person who
has not successfully completed the entire portion of the course for
which the DE-964 or ADE-1317 is being issued.
(c) If a driver education school issues a duplicate
DE-964 or ADE-1317, the duplicate shall indicate the control number
of the original DE-964 or ADE-1317.
(d) A driver education school that purchases driver
education certificate numbers shall provide for the following.
  (1) The DE-964 and ADE-1317 driver education certificate
numbers shall only be issued to primary driver education schools.
The primary driver education school shall maintain a record reconciling
all DE-964 and ADE-1317 driver education certificate numbers that
are distributed to branch driver education schools and contract sites.
  (2) The school shall implement and maintain a policy
which effectively ensures protective measures are in use at all times
for securing original and duplicate driver education certificates
numbers. The records and unissued or unnumbered original and duplicate
driver education certificates shall be readily available for review
by representatives of TEA.
  (3) The school shall maintain electronic files with
data pertaining to all driver education certificate numbers purchased
from TEA. The school shall make available to TEA upon request an ascending
numerical accounting record of the numbered driver education certificates
issued. The school shall ensure security of the data.
  (4) The school shall ensure that effective measures
are taken to preclude lost data and that a system is in place to recreate
electronic data for all driver education certificate numbers, whether
used or not used, and all certificates that have been issued.
  (5) Schools shall issue and mail driver education certificates
using a block of identifying serial numbers purchased from the division
only to students who have successfully completed all elements of the
school's approved driver education course taught by TEA-licensed instructors
in TEA-approved locations as indicated on the student contract.
  (6) Schools shall report all unaccounted original and
duplicate driver education numbers or unissued or duplicate certificates
to the division within five working days of the discovery of the incident.
In addition, the school shall be responsible for conducting an investigation
to determine the circumstances surrounding the unaccounted items.
A report of the findings of the investigation, including preventative
measures for recurrence, shall be submitted for approval to the division
within 30 days of the discovery.
  (7) Each unaccounted or missing original or duplicate
course driver education completion certificate number or blank or
unissued original or duplicate driver education certificate may be
considered a separate violation within the meaning of TEC, §1001.553.
This may include lost, stolen, or otherwise unaccounted original
or duplicate driver education certificate numbers or blanks or unissued
original or duplicate driver education certificates.
  (8) Schools shall not transfer driver education certificate
numbers to another school.
  (9) Schools shall sequentially number original driver
education certificates from the block of numbers purchased from the
division.
  (10) When a duplicate driver education certificate
is issued by a school, the duplicate certificate shall bear a serial
number from the block of numbers purchased from the division by the
school. The duplicate driver education certificate shall clearly indicate
the number of both the duplicate and the original serial number of
the certificate being replaced.


Source Note: The provisions of this §84.117 adopted to be effective December 26, 1999, 24 TexReg 11335; amended to be effective April 21, 2005, 30 TexReg 2215; amended to be effective December 29, 2010, 35 TexReg 11636; amended to be effective August 27, 2012, 37 TexReg 6593; transferred effective September 1, 2015, as published in the Texas Register August 28, 2015, 40 TexReg 5471