H.F. 2098 Section 1. NEW SECTION . 321.179 Driver education —— 1 teaching parent. 2 1. Teaching parent. As an alternative to the driver 3 education requirements under section 321.178, a teaching parent 4 may instruct a student in a driver education course that meets 5 the requirements of this section and provide evidence that the 6 requirements under this section have been met. 7 2. Definitions. For purposes of this section: 8 a. “Approved course” means driver education curriculum 9 approved by the department pursuant to rules adopted under 10 chapter 17A. An approved course shall, at a minimum, meet 11 the requirements of subsection 3 and be appropriate for 12 teaching-parent-directed driver education and related street or 13 highway instruction. Driver education materials that meet or 14 exceed standards established by the department for an approved 15 course in driver education for a public or private school shall 16 be approved unless otherwise determined by the department. The 17 list of approved courses shall be posted on the department’s 18 internet site. 19 b. “Student” means a person between the ages of fourteen 20 and twenty-one years who is within the custody and control of 21 the teaching parent and who satisfies preliminary licensing 22 requirements of the department. 23 c. “Teaching parent” means a parent, guardian, or legal 24 custodian of a student who is currently providing competent 25 private instruction to the student pursuant to section 26 299A.2 or 299A.3 and who provided such instruction to the 27 student during the previous year; who has a valid driver’s 28 license, other than a motorized bicycle license or a temporary 29 restricted license, that permits unaccompanied driving; and 30 who has maintained a clear driving record for the previous two 31 years. For purposes of this paragraph, “clear driving record” 32 means the individual has not been identified as a candidate for 33 suspension of a driver’s license under the habitual offender 34 provisions of the department’s regulations; is not subject to a 35 -1- LSB 6008HH (3) 83 dea/nh 1/ 5

H.F. 2098 driver’s license suspension, revocation, denial, cancellation, 1 disqualification, or bar; and has no record of a conviction 2 for a moving traffic violation determined to be the cause of a 3 motor vehicle accident. 4 3. Course of instruction. 5 a. An approved course administered by a teaching parent 6 shall consist of but not be limited to the following: 7 (1) Thirty clock hours of classroom instruction. 8 (2) Forty hours of street or highway driving including 9 four hours of driving after sunset and before sunrise while 10 accompanied by the teaching parent. 11 (3) Four hours of classroom instruction concerning 12 substance abuse. 13 (4) A minimum of twenty minutes of instruction concerning 14 railroad crossing safety. 15 (5) Instruction relating to becoming an organ donor under 16 the revised uniform anatomical gift Act as provided in chapter 17 142C. 18 (6) Instruction providing an awareness about sharing the 19 road with bicycles and motorcycles. 20 b. The content of the course of instruction required under 21 this subsection shall be equivalent to that required under 22 section 321.178. However, reference and study materials, 23 physical classroom requirements, and extra vehicle safety 24 equipment required for instruction under section 321.178 shall 25 not be required for the course of instruction provided under 26 this section. 27 4. Course completion and certification. Upon application 28 by a student for an intermediate license, the teaching parent 29 shall provide evidence showing the student’s completion 30 of an approved course and substantial compliance with the 31 requirements of subsection 3 by affidavit signed by the 32 teaching parent on a form to be provided by the department. 33 The evidence shall include all of the following: 34 a. Documentation that the instructor is a teaching parent as 35 -2- LSB 6008HH (3) 83 dea/nh 2/ 5

H.F. 2098 defined in subsection 2. 1 b. Documentation that the student is receiving competent 2 private instruction under section 299A.2 or the name of 3 the school district within which the student is receiving 4 instruction under section 299A.3. 5 c. The name of the approved course completed by the student. 6 d. An affidavit attesting to satisfactory completion of 7 course work and street or highway driving instruction. 8 e. Copies of written tests completed by the student. 9 f. A statement of the number of classroom hours of 10 instruction. 11 g. A log of completed street or highway driving instruction 12 including the dates when the lessons were conducted, the 13 student’s and the teaching parent’s name and initials noted 14 next to each entry, notes on driving activities including a 15 list of driving deficiencies and improvements, and the duration 16 of the driving time for each session. 17 5. Intermediate license. Any student who successfully 18 completes an approved course as provided in this section, 19 passes a driving test to be administered by the department, 20 and is otherwise qualified under section 321.180B, subsection 21 2, shall be eligible for an intermediate license pursuant 22 to section 321.180B. Twenty of the forty hours of street 23 or highway driving instruction required under subsection 3, 24 paragraph “a” , subparagraph (2), may be utilized to satisfy the 25 requirement of section 321.180B, subsection 2. 26 6. Full license. A student must comply with section 27 321.180B, subsection 4, to be eligible for a full driver’s 28 license pursuant to section 321.180B. 29 Sec. 2. Section 321.180B, subsection 2, Code Supplement 30 2009, is amended to read as follows: 31 2. Intermediate license. 32 a. The department may issue an intermediate driver’s 33 license to a person sixteen or seventeen years of age who 34 possesses an instruction permit issued under subsection 1 or 35 -3- LSB 6008HH (3) 83 dea/nh 3/ 5

H.F. 2098 a comparable instruction permit issued by another state for a 1 minimum of six months immediately preceding application, and 2 who presents an affidavit signed by a parent, guardian, or 3 custodian on a form to be provided by the department that the 4 permittee has accumulated a total of twenty hours of street 5 or highway driving of which two hours were conducted after 6 sunset and before sunrise and the street or highway driving was 7 with the permittee’s parent, guardian, custodian, instructor, 8 a person certified by the department, or a person at least 9 twenty-five years of age who had written permission from a 10 parent, guardian, or custodian to accompany the permittee, and 11 whose driving privileges have not been suspended, revoked, 12 or barred under this chapter or chapter 321J during, and who 13 has been accident and violation free continuously for, the 14 six-month period immediately preceding the application for an 15 intermediate license. An applicant for an intermediate license 16 must meet the requirements of section 321.186, including 17 satisfactory completion of driver education as required in 18 section 321.178 or 321.179 , and payment of the required license 19 fee before an intermediate license will be issued. 20 b. A person issued an intermediate license must limit the 21 number of passengers in the motor vehicle when the intermediate 22 licensee is operating the motor vehicle to the number of 23 passenger safety belts. 24 c. Except as otherwise provided, a person issued an 25 intermediate license under this subsection who is operating a 26 motor vehicle between the hours of twelve-thirty a.m. and five 27 a.m. must be accompanied by a person issued a driver’s license 28 valid for the vehicle operated who is the parent, guardian, 29 or custodian of the permittee, a member of the permittee’s 30 immediate family if the family member is at least twenty-one 31 years of age, an approved driver education instructor, a 32 prospective driver education instructor who is enrolled in 33 a practitioner preparation program with a safety education 34 program approved by the state board of education, or a person 35 -4- LSB 6008HH (3) 83 dea/nh 4/ 5

H.F. 2098 at least twenty-five years of age if written permission is 1 granted by the parent, guardian, or custodian, and who is 2 actually occupying a seat beside the driver. However, a 3 licensee may operate a vehicle to and from school-related 4 extracurricular activities and work without an accompanying 5 driver between the hours of twelve-thirty a.m. and five a.m. 6 if such licensee possesses a waiver on a form to be provided by 7 the department. An accompanying driver is not required between 8 the hours of five a.m. and twelve-thirty a.m. 9 EXPLANATION 10 This bill allows a parent, guardian, or legal custodian who 11 is providing competent private instruction to a student to 12 teach the student driver education, provided the person has a 13 valid driver’s license that permits unaccompanied driving and 14 has a clear driving record for the previous two years. The 15 classroom instruction requirements for the alternative course 16 of instruction are substantially the same as for an approved 17 course of instruction offered by a public school district or 18 private or commercial driver education school, with additional 19 requirements for 40, rather than 20, hours of street or highway 20 driving including night driving. The course of instruction 21 must be a course approved by the department of transportation 22 by rule and utilize driver education materials that meet or 23 exceed standards established for driver education courses 24 approved for public or private schools. A list of approved 25 courses is to be posted on the transportation department’s 26 website. 27 In order for the student to qualify for an intermediate 28 driver’s license, the teaching parent is required to document 29 substantial compliance with the driver education course 30 requirements and furnish an affidavit attesting to the 31 student’s satisfactory completion of the course work and street 32 or highway driving to the department of education. 33 -5- LSB 6008HH (3) 83 dea/nh 5/ 5