House File 2035 - Introduced HOUSE FILE 2035 BY BELL A BILL FOR An Act relating to the license or authorization issued to a 1 person who qualifies as a driver education instructor. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5027YH (7) 83 kh/nh

H.F. 2035 Section 1. Section 321.178, subsection 1, paragraphs b and 1 c, Code 2009, are amended to read as follows: 2 b. (1) To be qualified as a classroom driver education 3 instructor, a person shall have satisfied the educational 4 requirements for a teaching license at the elementary or 5 secondary level and hold a valid license to teach driver 6 education in the public schools of this state. 7 (2) (a) Street or highway driving instruction may be 8 provided by a person qualified as a classroom driver education 9 instructor or a person certified by the department and 10 authorized by the board of educational examiners. A person 11 shall not be required to hold a current Iowa teacher or 12 administrator license at the elementary or secondary level or 13 to have satisfied the educational requirements for an Iowa 14 teacher license at the elementary or secondary level in order 15 to be certified by the department or authorized by the board 16 of educational examiners to provide street or highway driving 17 instruction. 18 (b) The department shall adopt rules pursuant to chapter 19 17A to provide for certification of persons qualified to 20 provide street or highway driving instruction. The board of 21 educational examiners shall adopt rules pursuant to chapter 22 17A to provide for authorization of persons certified by the 23 department to provide street or highway driving instruction. 24 (3) A license or authorization issued by the board of 25 educational examiners pursuant to this lettered paragraph shall 26 not be denied, suspended, or revoked solely because a person 27 is involved in a traffic accident if all of the following 28 conditions exist: 29 (a) A police authority responded to the traffic accident. 30 (b) The department or a police authority has identified the 31 site of the traffic accident as a high accident location under 32 certain weather conditions or due to construction and such 33 condition existed at the time of the traffic accident. 34 (c) Two or more parties were cited by the police authority 35 -1- LSB 5027YH (7) 83 kh/nh 1/ 3

H.F. 2035 for contributing to the accident. 1 (d) The department certifies to the board of educational 2 examiners that the person has had no other moving violations 3 within the past five years on the person’s driving record. 4 (e) The traffic accident did not result in injury to or the 5 death of a person. 6 c. Every public school district in Iowa shall offer or make 7 available to all students residing in the school district or 8 Iowa students attending a nonpublic school in the district an 9 approved course in driver education. The receiving district 10 shall be the school district responsible for making driver 11 education available to a student participating in open 12 enrollment under section 282.18. The courses may be offered 13 at sites other than at the public school, including nonpublic 14 school facilities within the public school districts. An 15 approved course offered during the summer months, on Saturdays, 16 after regular school hours during the regular terms or partly 17 in one term or summer vacation period and partly in the 18 succeeding term or summer vacation period, as the case may 19 be, shall satisfy the requirements of this section to the 20 same extent as an approved course offered during the regular 21 school hours of the school term. A student who successfully 22 completes and obtains certification in an approved course in 23 driver education or an approved course in motorcycle education 24 may, upon proof of such fact, be excused from any field test 25 which the student would otherwise be required to take in 26 demonstrating the student’s ability to operate a motor vehicle. 27 A student shall not be excused from any field test if a parent, 28 guardian, or instructor requests that a test be administered. 29 Street or highway driving instruction may be provided by a 30 person qualified as a classroom driver education instructor 31 or a person certified by the department and authorized by the 32 board of educational examiners. A person shall not be required 33 to hold a current Iowa teacher or administrator license at 34 the elementary or secondary level or to have satisfied the 35 -2- LSB 5027YH (7) 83 kh/nh 2/ 3

H.F. 2035 educational requirements for an Iowa teacher license at the 1 elementary or secondary level in order to be certified by 2 the department or authorized by the board of educational 3 examiners to provide street or highway driving instruction. A 4 final field test prior to a student’s completion of an 5 approved course shall be administered by a person qualified 6 as a classroom driver education instructor. The department 7 shall adopt rules pursuant to chapter 17A to provide for 8 certification of persons qualified to provide street or highway 9 driving instruction. The board of educational examiners 10 shall adopt rules pursuant to chapter 17A to provide for 11 authorization of persons certified by the department to provide 12 street or highway driving instruction. 13 EXPLANATION 14 This bill establishes that, when certain conditions exist, 15 the license or authorization that the board of educational 16 examiners issues to persons who are qualified as driver 17 education instructors shall not be denied, suspended, 18 or revoked solely because the applicant or license or 19 authorization holder was involved in a traffic accident. 20 The conditions which must exist include all of the 21 following: law enforcement responded to the traffic accident, 22 authorities have identified the area where the accident 23 occurred as a high accident location, two or more parties were 24 cited for contributing to the accident, the department of 25 transportation certifies to the board of educational examiners 26 that the person has had no other moving violations within 27 the past five years on the person’s driving record, and the 28 accident did not result in injury to or the death of a person. 29 -3- LSB 5027YH (7) 83 kh/nh 3/ 3