House Study Bill 570 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON WAYS AND MEANS BILL BY CHAIRPERSON VANDER LINDEN) A BILL FOR An Act relating to parent-taught driver education and providing 1 for a fee. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5902YC (3) 87 kh/jh
H.F. _____ Section 1. Section 321.178A, Code 2018, 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 5902YC (3) 87 kh/jh 1/ 5
H.F. _____ 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 2A. License to teach. A qualified parent shall submit 14 an application for a license to teach driver education to a 15 student under this section. A license issued to a qualified 16 parent shall be issued for a calendar year and may be renewed. 17 The fee for a license or the renewal of a license under this 18 section is fifty dollars. The fees collected for a license 19 issued or renewed under this section are appropriated to the 20 department to be used by the department to administer this 21 section. 22 3. Course of instruction. 23 a. An approved course administered by a teaching qualified 24 parent shall consist of but not be limited to the following: 25 (1) Thirty clock hours of classroom instruction. 26 (2) Forty hours of street or highway driving including 27 four hours of driving after sunset and before sunrise while 28 accompanied by the teaching qualified parent. 29 (3) Four hours of classroom instruction concerning 30 substance abuse. 31 (4) A minimum of twenty minutes of instruction concerning 32 railroad crossing safety. 33 (5) Instruction relating to becoming an organ donor under 34 the revised uniform anatomical gift Act as provided in chapter 35 -2- LSB 5902YC (3) 87 kh/jh 2/ 5
H.F. _____ 142C . 1 (6) Instruction providing an awareness about sharing the 2 road with bicycles and motorcycles. 3 b. The content of the course of instruction required under 4 this subsection shall be equivalent to that required under 5 section 321.178 . However, reference and study materials, 6 physical classroom requirements, and extra vehicle safety 7 equipment required for instruction under section 321.178 shall 8 not be required for the course of instruction provided under 9 this section . 10 4. Course completion and certification. Upon application 11 by a student for an intermediate license, the teaching 12 qualified parent shall provide evidence showing the student’s 13 completion of an approved course and substantial compliance 14 with the requirements of subsection 3 by affidavit signed by 15 the teaching qualified parent on a form to be provided by the 16 department. The evidence shall include all of the following: 17 a. Documentation that the instructor is a teaching qualified 18 parent as defined in subsection 2 . 19 b. Documentation that the student is receiving competent 20 private instruction under section 299A.2 or the name of 21 the school district within which the student is receiving 22 instruction under section 299A.3 . 23 c. b. The name of the approved course completed by the 24 student. 25 d. c. An affidavit attesting to satisfactory completion of 26 course work and street or highway driving instruction. 27 e. d. Copies of written tests completed by the student. 28 f. e. A statement of the number of classroom hours of 29 instruction. 30 g. f. A log of completed street or highway driving 31 instruction including the dates when the lessons were 32 conducted, the student’s and the teaching qualified parent’s 33 name and initials noted next to each entry, notes on driving 34 activities including a list of driving deficiencies and 35 -3- LSB 5902YC (3) 87 kh/jh 3/ 5
H.F. _____ improvements, and the duration of the driving time for each 1 session. 2 5. Intermediate license. Any student who successfully 3 completes an approved course as provided in this section , 4 passes a driving test to be administered by the department, 5 and is otherwise qualified under section 321.180B, subsection 6 2 , shall be eligible for an intermediate license pursuant 7 to section 321.180B . Twenty of the forty hours of street 8 or highway driving instruction required under subsection 3 , 9 paragraph “a” , subparagraph (2), may be used to satisfy the 10 requirement of section 321.180B, subsection 2 . 11 6. Full license. A student must comply with section 12 321.180B, subsection 4 , to be eligible for a full driver’s 13 license pursuant to section 321.180B . 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill expands current law to allow any qualified parent 18 to teach driver education to that parent’s child if the 19 qualified parent meets certain requirements, including but not 20 limited to applying for a license to teach their child and 21 payment of a $50 fee for a one-year renewable license. Current 22 law allows a parent, guardian, or legal custodian of a student 23 who is providing competent private instruction to that student 24 to teach the student driver education, provided the person has 25 a valid driver’s license that permits unaccompanied driving and 26 has a clear driving record for the previous two years. 27 The requirements for a driver education course taught 28 by a qualified parent are the same as the requirements 29 currently applicable to a course taught by a “teaching parent”. 30 “Qualified parent” is defined to include a parent, guardian, or 31 legal custodian of a student, provided the person has a valid 32 driver’s license that permits unaccompanied driving and has a 33 clear driving record for the previous two years. 34 The classroom instruction requirements for the alternative 35 -4- LSB 5902YC (3) 87 kh/jh 4/ 5
H.F. _____ course of instruction are substantially the same as for an 1 approved course of instruction offered by a public school 2 district or private or commercial driver education school, 3 with additional requirements for 40, rather than 20, hours 4 of street or highway driving including night driving. The 5 course of instruction must be a course approved by the 6 department of transportation by rule and use driver education 7 materials that meet or exceed standards established for driver 8 education courses approved for public or private schools. A 9 list of approved courses must be posted on the department of 10 transportation’s internet site. In order for the student to 11 qualify for an intermediate driver’s license, the qualified 12 parent is required to document substantial compliance with the 13 driver education course requirements and furnish an affidavit 14 attesting to the student’s satisfactory completion of the 15 course work and street or highway driving to the department of 16 education. 17 The license fees collected by the department of 18 transportation are appropriated to the department for purposes 19 of administering parent-taught driver education. 20 -5- LSB 5902YC (3) 87 kh/jh 5/ 5