House File 2466 - Introduced HOUSE FILE 2466 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HF 2035) A BILL FOR An Act relating to the license or authorization issued to a 1 person who qualifies as a driver education instructor and 2 including effective date and retroactive applicability 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5027HV (3) 83 kh/nh

H.F. 2466 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) To be qualified to provide street or highway 8 driving instruction, a person shall be certified by the 9 department and authorized by the board of educational 10 examiners. A person shall not be required to hold a current 11 Iowa teacher or administrator license at the elementary 12 or secondary level or to have satisfied the educational 13 requirements for an Iowa teacher license at the elementary or 14 secondary level in order to be certified by the department or 15 authorized by the board of educational examiners to provide 16 street or highway driving instruction. 17 (b) The department shall adopt rules pursuant to chapter 18 17A to provide for certification of persons qualified to 19 provide street or highway driving instruction. The board of 20 educational examiners shall adopt rules pursuant to chapter 21 17A to provide for authorization of persons certified by the 22 department to provide street or highway driving instruction. 23 The department may disqualify a person from providing street 24 or highway driving instruction without concurrent or further 25 action by the board of educational examiners, and the board of 26 educational examiners may withhold or withdraw authorization 27 to provide street or highway driving instruction without 28 concurrent or further action by the department. 29 (3) The department shall not disqualify a person from 30 providing street or highway driving instruction and the 31 board of educational examiners shall not withhold or withdraw 32 authorization to provide street or highway instruction for the 33 sole reason that the person was involved in a motor vehicle 34 accident, unless either of the following circumstances exist: 35 -1- LSB 5027HV (3) 83 kh/nh 1/ 4

H.F. 2466 (a) The person contributed to the motor vehicle accident 1 and the accident caused the death or serious injury of another 2 person. 3 (b) The person contributed to the motor vehicle accident 4 and it was the person’s second or subsequent contributive motor 5 vehicle accident in a two-year period. 6 (4) A person who provides street or highway driving 7 instruction shall hold a driver’s license valid for the vehicle 8 operated. 9 c. Every public school district in Iowa shall offer or make 10 available to all students residing in the school district or 11 Iowa students attending a nonpublic school in the district an 12 approved course in driver education. The receiving district 13 shall be the school district responsible for making driver 14 education available to a student participating in open 15 enrollment under section 282.18. The courses may be offered 16 at sites other than at the public school, including nonpublic 17 school facilities within the public school districts. An 18 approved course offered during the summer months, on Saturdays, 19 after regular school hours during the regular terms or partly 20 in one term or summer vacation period and partly in the 21 succeeding term or summer vacation period, as the case may 22 be, shall satisfy the requirements of this section to the 23 same extent as an approved course offered during the regular 24 school hours of the school term. A student who successfully 25 completes and obtains certification in an approved course in 26 driver education or an approved course in motorcycle education 27 may, upon proof of such fact, be excused from any field test 28 which the student would otherwise be required to take in 29 demonstrating the student’s ability to operate a motor vehicle. 30 A student shall not be excused from any field test if a parent, 31 guardian, or instructor requests that a test be administered. 32 Street or highway driving instruction may be provided by a 33 person qualified as a classroom driver education instructor 34 or a person certified by the department and authorized by the 35 -2- LSB 5027HV (3) 83 kh/nh 2/ 4

H.F. 2466 board of educational examiners. A person shall not be required 1 to hold a current Iowa teacher or administrator license at 2 the elementary or secondary level or to have satisfied the 3 educational requirements for an Iowa teacher license at the 4 elementary or secondary level in order to be certified by the 5 department or authorized by the board of educational examiners 6 to provide street or highway driving instruction. A final 7 field test prior to a student’s completion of an approved 8 course shall be administered by a person qualified as a 9 classroom driver education instructor and certified to provide 10 street and highway driving instruction . The department 11 shall adopt rules pursuant to chapter 17A to provide for 12 certification of persons qualified to provide street or highway 13 driving instruction. The board of educational examiners 14 shall adopt rules pursuant to chapter 17A to provide for 15 authorization of persons certified by the department to provide 16 street or highway driving instruction. A person qualified as 17 a classroom driver education instructor but not certified to 18 provide street and highway driving instruction may administer 19 the final field test if accompanied by another person qualified 20 to provide street and highway driving instruction. 21 Sec. 2. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 22 APPLICABILITY. This Act, being deemed of immediate importance, 23 takes effect upon enactment and the provision of the section 24 of this Act enacting section 321.178, subsection 1, paragraph 25 “b” , subparagraph (3), applies retroactively to July 1, 2008, 26 and shall apply to any accident that occurred on or after that 27 date. 28 EXPLANATION 29 This bill relates to requirements for individuals who 30 provide classroom, street and highway driving instruction. 31 The bill prohibits the department of transportation from 32 disqualifying a person from providing street or highway driving 33 instruction, and prohibits the board of educational examiners 34 from withholding or withdrawing authorization to provide street 35 -3- LSB 5027HV (3) 83 kh/nh 3/ 4

H.F. 2466 or highway driving instruction, solely because the person 1 was involved in a motor vehicle accident unless the person 2 contributed to the accident and either the accident caused 3 a death or serious injury or it was the person’s second or 4 subsequent contributive motor vehicle accident in a two-year 5 period. 6 To be qualified to provide street or highway driving 7 instruction, a person must be certified by the department and 8 authorized by the board. The department may disqualify a 9 person from providing street or highway driving instruction 10 without concurrent or further action by the board, and the 11 board may withhold or withdraw authorization to provide street 12 or highway driving instruction without concurrent or further 13 action by the department. 14 A person who provides street or highway driving instruction 15 must hold a driver’s license valid for the vehicle operated. 16 The final field test administered prior to a student’s 17 completion of an approved course must be administered by a 18 person qualified as a classroom driver education instructor, 19 and the bill adds that the person must also be certified to 20 provide street and highway driving instruction. A person 21 qualified as a classroom driver education instructor but not 22 certified to provide street and highway driving instruction 23 may administer the final field test if accompanied by another 24 person qualified to provide street and highway driving 25 instruction. 26 The bill takes effect upon enactment and the provision of the 27 bill prohibiting the department and board from disqualifying 28 a person solely because the person was involved in a motor 29 vehicle accident applies retroactively to July 1, 2008, and 30 applies to any accident that occurred on or after that date. 31 -4- LSB 5027HV (3) 83 kh/nh 4/ 4