House File 84 - Introduced HOUSE FILE 84 BY HEARTSILL A BILL FOR An Act relating to parent-taught driver education. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1468YH (4) 87 kh/nh

H.F. 84 Section 1. Section 321.178A, Code 2017, is amended to read 1 as follows: 2 321.178A Driver Parent-taught driver education —— teaching 3 parent . 4 1. Teaching parent Instruction by qualified parent . As an 5 alternative to the driver education requirements under section 6 321.178 , a teaching qualified parent may instruct a student in 7 a driver education course that meets the requirements of this 8 section and provide evidence that the requirements under this 9 section have been met. 10 2. Definitions. For purposes of this section : 11 a. “Approved course” means driver education curriculum 12 approved by the department pursuant to rules adopted under 13 chapter 17A . An approved course shall, at a minimum, meet 14 the requirements of subsection 3 and be appropriate for 15 teaching-parent-directed parent-directed driver education 16 and related street or highway instruction. Driver education 17 materials that meet or exceed standards established by the 18 department for an approved course in driver education for a 19 public or private school shall be approved unless otherwise 20 determined by the department. The list of approved courses 21 shall be posted on the department’s internet site. 22 b. “Student” means a person between the ages of fourteen 23 and twenty-one years who is within the custody and control of 24 the teaching parent and who satisfies preliminary licensing 25 requirements of the department. 26 c. b. “Teaching parent” “Qualified parent” means a person 27 who is a parent, guardian, or legal custodian of a student who 28 is currently providing competent private instruction to the 29 student pursuant to section 299A.2 or 299A.3 and who provided 30 such instruction to the student during the previous year; who , 31 provided that the person has a valid driver’s license, other 32 than a motorized bicycle license or a temporary restricted 33 license, that permits unaccompanied driving ; and who the 34 person has maintained a clear driving record for the previous 35 -1- LSB 1468YH (4) 87 kh/nh 1/ 5

H.F. 84 two years. For purposes of this paragraph, “clear driving 1 record” means the individual person has not been identified 2 as a candidate for suspension or revocation of a driver’s 3 license under the habitual violator or habitual offender 4 provisions of the department’s regulations; is not subject to a 5 driver’s license suspension, revocation, denial, cancellation, 6 disqualification, or bar; and has no record of a conviction 7 for a moving traffic violation determined to be the cause of a 8 motor vehicle accident. 9 c. “Student” means a person between the ages of fourteen 10 and twenty-one years who is within the custody and control of 11 the qualified parent and who satisfies preliminary licensing 12 requirements of the department. 13 3. Course of instruction. 14 a. An approved course administered by a teaching qualified 15 parent shall consist of but not be limited to the following: 16 (1) Thirty clock hours of classroom instruction. 17 (2) Forty hours of street or highway driving including 18 four hours of driving after sunset and before sunrise while 19 accompanied by the teaching qualified parent. 20 (3) Four hours of classroom instruction concerning 21 substance abuse. 22 (4) A minimum of twenty minutes of instruction concerning 23 railroad crossing safety. 24 (5) Instruction relating to becoming an organ donor under 25 the revised uniform anatomical gift Act as provided in chapter 26 142C . 27 (6) Instruction providing an awareness about sharing the 28 road with bicycles and motorcycles. 29 b. The content of the course of instruction required under 30 this subsection shall be equivalent to that required under 31 section 321.178 . However, reference and study materials, 32 physical classroom requirements, and extra vehicle safety 33 equipment required for instruction under section 321.178 shall 34 not be required for the course of instruction provided under 35 -2- LSB 1468YH (4) 87 kh/nh 2/ 5

H.F. 84 this section . 1 4. Course completion and certification. Upon application 2 by a student for an intermediate license, the teaching 3 qualified parent shall provide evidence showing the student’s 4 completion of an approved course and substantial compliance 5 with the requirements of subsection 3 by affidavit signed by 6 the teaching qualified parent on a form to be provided by the 7 department. The evidence shall include all of the following: 8 a. Documentation that the instructor is a teaching qualified 9 parent as defined in subsection 2 . 10 b. Documentation that the student is receiving competent 11 private instruction under section 299A.2 or the name of 12 the school district within which the student is receiving 13 instruction under section 299A.3 . 14 c. b. The name of the approved course completed by the 15 student. 16 d. c. An affidavit attesting to satisfactory completion of 17 course work and street or highway driving instruction. 18 e. d. Copies of written tests completed by the student. 19 f. e. A statement of the number of classroom hours of 20 instruction. 21 g. f. A log of completed street or highway driving 22 instruction including the dates when the lessons were 23 conducted, the student’s and the teaching qualified parent’s 24 name and initials noted next to each entry, notes on driving 25 activities including a list of driving deficiencies and 26 improvements, and the duration of the driving time for each 27 session. 28 5. Intermediate license. Any student who successfully 29 completes an approved course as provided in this section , 30 passes a driving test to be administered by the department, 31 and is otherwise qualified under section 321.180B, subsection 32 2 , shall be eligible for an intermediate license pursuant 33 to section 321.180B . Twenty of the forty hours of street 34 or highway driving instruction required under subsection 3 , 35 -3- LSB 1468YH (4) 87 kh/nh 3/ 5

H.F. 84 paragraph “a” , subparagraph (2), may be used to satisfy the 1 requirement of section 321.180B, subsection 2 . 2 6. Full license. A student must comply with section 3 321.180B, subsection 4 , to be eligible for a full driver’s 4 license pursuant to section 321.180B . 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill expands current law to allow any qualified parent 9 to teach driver education to that parent’s child. Current law 10 allows a parent, guardian, or legal custodian of a student who 11 is providing competent private instruction to that 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. 15 The requirements for a driver education course taught 16 by a qualified parent are the same as the requirements 17 currently applicable to a course taught by a “teaching parent”. 18 “Qualified parent” is defined to include a parent, guardian, or 19 legal custodian of a student, provided the person has a valid 20 driver’s license that permits unaccompanied driving and has a 21 clear driving record for the previous two years. 22 The classroom instruction requirements for the alternative 23 course of instruction are substantially the same as for an 24 approved course of instruction offered by a public school 25 district or private or commercial driver education school, 26 with additional requirements for 40, rather than 20, hours 27 of street or highway driving including night driving. The 28 course of instruction must be a course approved by the 29 department of transportation by rule and use driver education 30 materials that meet or exceed standards established for driver 31 education courses approved for public or private schools. A 32 list of approved courses must be posted on the department of 33 transportation’s internet site. In order for the student to 34 qualify for an intermediate driver’s license, the qualified 35 -4- LSB 1468YH (4) 87 kh/nh 4/ 5

H.F. 84 parent is required to document substantial compliance with the 1 driver education course requirements and furnish an affidavit 2 attesting to the student’s satisfactory completion of the 3 course work and street or highway driving to the department of 4 education. 5 -5- LSB 1468YH (4) 87 kh/nh 5/ 5