House File 2394 PAG LIN 1 1 HOUSE FILE 2394 1 2 1 3 AN ACT 1 4 RELATING TO DRIVER EDUCATION BY A TEACHING PARENT. 1 5 1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 7 1 8 Section 1. NEW SECTION. 321.179 DRIVER EDUCATION == 1 9 TEACHING PARENT. 1 10 1. TEACHING PARENT. As an alternative to the driver 1 11 education requirements under section 321.178, a teaching 1 12 parent may instruct a student in a driver education course 1 13 that meets the requirements of this section and provide 1 14 evidence that the requirements under this section have been 1 15 met. 1 16 2. DEFINITIONS. For purposes of this section: 1 17 a. "Approved course" means driver education curriculum 1 18 approved by the department pursuant to rules adopted under 1 19 chapter 17A. An approved course shall, at a minimum, meet the 1 20 requirements of subsection 3 and be appropriate for teaching= 1 21 parent=directed driver education and related street or highway 1 22 instruction. Driver education materials that meet or exceed 1 23 standards established by the department for an approved course 1 24 in driver education for a public or private school shall be 1 25 approved unless otherwise determined by the department. The 1 26 list of approved courses shall be posted on the department's 1 27 website. 1 28 b. "Student" means a person between the ages of fourteen 1 29 and twenty=one years who is within the custody and control of 1 30 the teaching parent and who satisfies preliminary licensing 1 31 requirements of the department. 1 32 c. "Teaching parent" means a parent, guardian, or legal 1 33 custodian of a student who is currently providing competent 1 34 private instruction to the student pursuant to section 299A.2 1 35 or 299A.3 and who provided such instruction to the student 2 1 during the previous year; who has a valid driver's license, 2 2 other than a motorized bicycle license or a temporary 2 3 restricted license, that permits unaccompanied driving; and 2 4 who has maintained a clear driving record for the previous two 2 5 years. For purposes of this paragraph, "clear driving record" 2 6 means the individual has not been identified as a candidate 2 7 for suspension of a driver's license under the habitual 2 8 offender provisions of the department's regulations; is not 2 9 subject to a driver's license suspension, revocation, denial, 2 10 cancellation, disqualification, or bar; and has no record of a 2 11 conviction for a moving traffic violation determined to be the 2 12 cause of a motor vehicle accident. 2 13 3. COURSE OF INSTRUCTION. An approved course administered 2 14 by a teaching parent shall consist of, but not be limited to, 2 15 the following: 2 16 a. Thirty clock hours of classroom instruction. 2 17 b. Forty hours of street or highway driving including four 2 18 hours of driving after sunset and before sunrise while 2 19 accompanied by the teaching parent. 2 20 c. Four hours of classroom instruction concerning 2 21 substance abuse. 2 22 d. A minimum of twenty minutes of instruction concerning 2 23 railroad crossing safety. 2 24 e. Instruction relating to becoming an organ donor under 2 25 the uniform anatomical gift Act. 2 26 The content of the course of instruction required under 2 27 this subsection shall be equivalent to that required under 2 28 section 321.178. However, reference and study materials, 2 29 physical classroom requirements, and extra vehicle safety 2 30 equipment required for instruction under section 321.178 shall 2 31 not be required for the course of instruction provided under 2 32 this section. 2 33 4. COURSE COMPLETION AND CERTIFICATION. Upon application 2 34 by a student for an intermediate license, the teaching parent 2 35 shall provide evidence showing the student's completion of an 3 1 approved course and substantial compliance with the 3 2 requirements of subsection 3 by affidavit signed by the 3 3 teaching parent on a form to be provided by the department. 3 4 The evidence shall include all of the following: 3 5 a. Documentation that the instructor is a teaching parent 3 6 as defined in subsection 2. 3 7 b. Documentation that the student is receiving competent 3 8 private instruction under section 299A.2 or the name of the 3 9 school district within which the student is receiving 3 10 instruction under section 299A.3. 3 11 c. The name of the approved course completed by the 3 12 student. 3 13 d. An affidavit attesting to satisfactory completion of 3 14 coursework and street or highway driving instruction. 3 15 e. Copies of written tests completed by the student. 3 16 f. A statement of the number of classroom hours of 3 17 instruction. 3 18 g. A log of completed street or highway driving 3 19 instruction including the dates when the lessons were 3 20 conducted, the student's and the teaching parent's name and 3 21 initials noted next to each entry, notes on driving activities 3 22 including a list of driving deficiencies and improvements, and 3 23 the duration of the driving time for each session. 3 24 5. INTERMEDIATE LICENSE. Any student who successfully 3 25 completes an approved course as provided in this section, 3 26 passes a driving test to be administered by the department, 3 27 and is otherwise qualified under section 321.180B, subsection 3 28 2, shall be eligible for an intermediate license pursuant to 3 29 section 321.180B. Twenty of the forty hours of street or 3 30 highway driving instruction required under subsection 3, 3 31 paragraph "b", may be utilized to satisfy the requirement of 3 32 section 321.180B, subsection 2. 3 33 6. FULL LICENSE. A student must comply with section 3 34 321.180B, subsection 4, to be eligible for a full driver's 3 35 license pursuant to section 321.180B. 4 1 4 2 4 3 4 4 CHRISTOPHER C. RANTS 4 5 Speaker of the House 4 6 4 7 4 8 4 9 JEFFREY M. LAMBERTI 4 10 President of the Senate 4 11 4 12 I hereby certify that this bill originated in the House and 4 13 is known as House File 2394, Eightieth General Assembly. 4 14 4 15 4 16 4 17 MARGARET THOMSON 4 18 Chief Clerk of the House 4 19 Approved , 2004 4 20 4 21 4 22 4 23 THOMAS J. VILSACK 4 24 Governor