HF 2466 (LSB 5027HV (3) 83)

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 person who qualifies as a driver education instructor and including effective date and retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.178, subsection 1, paragraphs b and c, Code 2009, are amended to read as follows:
   b.  (1)  To be qualified as a classroom driver education instructor, a person shall have satisfied the educational requirements for a teaching license at the elementary or secondary level and hold a valid license to teach driver education in the public schools of this state.
   (2)  (a)  To be qualified to provide street or highway driving instruction, a person shall be certified by the department and authorized by the board of educational examiners. A person shall not be required to hold a current Iowa teacher or administrator license at the elementary or secondary level or to have satisfied the educational requirements for an Iowa teacher license at the elementary or secondary level in order to be certified by the department or authorized by the board of educational examiners to provide street or highway driving instruction.
   (b)  The department shall adopt rules pursuant to chapter 17A to provide for certification of persons qualified to provide street or highway driving instruction. The board of educational examiners shall adopt rules pursuant to chapter 17A to provide for authorization of persons certified by the department to provide street or highway driving instruction. The department may disqualify a person from providing street or highway driving instruction without concurrent or further action by the board of educational examiners, and the board of educational examiners may withhold or withdraw authorization to provide street or highway driving instruction without concurrent or further action by the department.
   (3)  The department shall not disqualify a person from providing street or highway driving instruction and the board of educational examiners shall not withhold or withdraw authorization to provide street or highway instruction for the sole reason that the person was involved in a motor vehicle accident, unless either of the following circumstances exist:
   (a)  The person contributed to the motor vehicle accident and the accident caused the death or serious injury of another person.
   (b)  The person contributed to the motor vehicle accident and it was the person’s second or subsequent contributive motor vehicle accident in a two-year period.
   (4)  A person who provides street or highway driving instruction shall hold a driver’s license valid for the vehicle operated.
   c.  Every public school district in Iowa shall offer or make available to all students residing in the school district or Iowa students attending a nonpublic school in the district an approved course in driver education. The receiving district shall be the school district responsible for making driver education available to a student participating in open enrollment under section 282.18. The courses may be offered at sites other than at the public school, including nonpublic school facilities within the public school districts. An approved course offered during the summer months, on Saturdays, after regular school hours during the regular terms or partly in one term or summer vacation period and partly in the succeeding term or summer vacation period, as the case may be, shall satisfy the requirements of this section to the same extent as an approved course offered during the regular school hours of the school term. A student who successfully completes and obtains certification in an approved course in driver education or an approved course in motorcycle education may, upon proof of such fact, be excused from any field test which the student would otherwise be required to take in demonstrating the student’s ability to operate a motor vehicle. A student shall not be excused from any field test if a parent, guardian, or instructor requests that a test be administered. Street or highway driving instruction may be provided by a person qualified as a classroom driver education instructor or a person certified by the department and authorized by the board of educational examiners. A person shall not be required to hold a current Iowa teacher or administrator license at the elementary or secondary level or to have satisfied the educational requirements for an Iowa teacher license at the elementary or secondary level in order to be certified by the department or authorized by the board of educational examiners to provide street or highway driving instruction. A final field test prior to a student’s completion of an approved course shall be administered by a person qualified as a classroom driver education instructor and certified to provide street and highway driving instruction. The department shall adopt rules pursuant to chapter 17A to provide for certification of persons qualified to provide street or highway driving instruction. The board of educational examiners shall adopt rules pursuant to chapter 17A to provide for authorization of persons certified by the department to provide street or highway driving instruction.  A person qualified as a classroom driver education instructor but not certified to provide street and highway driving instruction may administer the final field test if accompanied by another person qualified to provide street and highway driving instruction.
    Sec. 2.  EFFECTIVE UPON ENACTMENT AND RETROACTIVE APPLICABILITY.  This Act, being deemed of immediate importance, takes effect upon enactment and the provision of the section of this Act enacting section 321.178, subsection 1, paragraph “b”, subparagraph (3), applies retroactively to July 1, 2008, and shall apply to any accident that occurred on or after that date.
EXPLANATION
   This bill relates to requirements for individuals who provide classroom, street and highway driving instruction. The bill prohibits the department of transportation from disqualifying a person from providing street or highway driving instruction, and prohibits the board of educational examiners from withholding or withdrawing authorization to provide street or highway driving instruction, solely because the person was involved in a motor vehicle accident unless the person contributed to the accident and either the accident caused a death or serious injury or it was the person’s second or subsequent contributive motor vehicle accident in a two-year period.
   To be qualified to provide street or highway driving instruction, a person must be certified by the department and authorized by the board. The department may disqualify a person from providing street or highway driving instruction without concurrent or further action by the board, and the board may withhold or withdraw authorization to provide street or highway driving instruction without concurrent or further action by the department.
   A person who provides street or highway driving instruction must hold a driver’s license valid for the vehicle operated.
   The final field test administered prior to a student’s completion of an approved course must be administered by a person qualified as a classroom driver education instructor, and the bill adds that the person must also be certified to provide street and highway driving instruction. A person qualified as a classroom driver education instructor but not certified to provide street and highway driving instruction may administer the final field test if accompanied by another person qualified to provide street and highway driving instruction.
   The bill takes effect upon enactment and the provision of the bill prohibiting the department and board from disqualifying a person solely because the person was involved in a motor vehicle accident applies retroactively to July 1, 2008, and applies to any accident that occurred on or after that date.