H.F. 456 Section 1. Section 321.178, subsection 1, paragraph c, Code 1 2023, is amended to read as follows: 2 c. Every public school district in Iowa shall offer 3 or make available to all students residing in the school 4 district, or Iowa students attending a nonpublic school or 5 receiving competent private instruction or independent private 6 instruction as defined in section 299A.1 , in the district, an 7 approved course in driver education. The receiving district 8 shall be the school district responsible for making driver 9 education available to a student participating in open 10 enrollment under section 282.18 . The courses may be offered 11 at sites other than at the public school, including nonpublic 12 school facilities within the public school districts. An 13 approved course offered during the summer months, on Saturdays, 14 after regular school hours during the regular terms or partly 15 in one term or summer vacation period and partly in the 16 succeeding term or summer vacation period, as the case may 17 be, shall satisfy the requirements of this section to the 18 same extent as an approved course offered during the regular 19 school hours of the school term. A student who successfully 20 completes and obtains certification in an approved course in 21 driver education or an approved course in motorcycle education 22 may, upon proof of such fact, be excused from any field test 23 which the student would otherwise be required to take in 24 demonstrating the student’s ability to operate a motor vehicle. 25 A student shall not be excused from any field test if a parent, 26 guardian, or instructor requests that a test be administered. 27 A final field test prior to a student’s completion of an 28 approved course shall be administered by a person qualified 29 as a classroom driver education instructor and certified to 30 provide street and highway driving instruction , or a person 31 authorized under section 321.186, subsection 4 . A person 32 qualified as a classroom driver education instructor but not 33 certified to provide street and highway driving instruction 34 may administer the final field test if accompanied by another 35 -1- LSB 2034YH (3) 90 th/ns 1/ 4

H.F. 456 person qualified to provide street and highway driving 1 instruction. 2 Sec. 2. Section 321.186, Code 2023, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 4. a. The department shall designate 5 third-party testers to administer the knowledge test required 6 under this section and the final field test under section 7 321.178, subsection 1, paragraph “c” , provided all of the 8 following occur: 9 (1) The test is the same as that which would otherwise be 10 administered by the state. 11 (2) The third-party tester contractually agrees to comply 12 with the rules adopted by the department. 13 (3) Any third-party test examiner used by the third-party 14 tester meets the requirements applicable to third-party 15 knowledge skills testing, as adopted by rule by the department. 16 Any of the following persons shall qualify as a third-party 17 test examiner: 18 (a) A person who is a classroom driver education instructor 19 and qualified to provide street or highway driving instruction 20 under section 321.178. 21 (b) A person who is qualified to provide street or highway 22 driving instruction under section 321.178 who has five years of 23 continuous driving instruction experience or who has at least 24 two years of such experience and provides such instruction for 25 more than one hundred hours per year. 26 (4) A third-party test examiner who examines a person 27 with a physical or mental disability is a certified driver 28 rehabilitation specialist or a driver rehabilitation 29 professional, or has been issued a specialized instructor 30 badge, and any such certification, designation, or badge 31 is granted by the association of driver rehabilitation 32 specialists. 33 b. As used in this subsection: 34 (1) “Third-party test examiner” means a person employed by 35 -2- LSB 2034YH (3) 90 th/ns 2/ 4

H.F. 456 a third-party tester who is authorized by the department to 1 administer the knowledge skills tests under this section. 2 (2) “Third-party tester” means a person designated by 3 the department to employ knowledge skills test examiners to 4 administer knowledge and driving skills tests under this 5 section. 6 c. The department shall adopt rules pursuant to chapter 17A 7 to administer this section. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 Current law authorizes the department of transportation 12 (DOT) to examine every new applicant for a driver’s license, 13 any person holding a valid driver’s license when the DOT has 14 reason to believe that the person may be physically or mentally 15 incompetent to operate a motor vehicle, and any person whose 16 driving record appears to the DOT to justify the examination. 17 In addition, a final field test prior to a student’s completion 18 of an approved driver education course must generally be 19 administered by a person qualified as a classroom driver 20 education instructor and certified to provide street and 21 highway driving instruction. 22 This bill authorizes the DOT to designate third-party 23 testers and third-party test examiners, as defined in the bill, 24 to administer the required knowledge test before a person 25 is issued a driver’s license or permit and the final field 26 test under Code section 321.178 before a student is issued a 27 driver’s license. 28 The bill describes persons who are authorized to administer 29 tests as a third-party test examiner, including persons who are 30 already authorized as a classroom driver education instructor 31 and qualified to provide street or highway driving instruction 32 under Code section 321.178 and persons who are qualified to 33 provide street or highway driving instruction under Code 34 section 321.178 who have five years of continuous driving 35 -3- LSB 2034YH (3) 90 th/ns 3/ 4

H.F. 456 instruction experience or who have at least two years of such 1 experience and provide such instruction for more than 100 hours 2 per year. The DOT may authorize additional persons who meet 3 eligibility criteria determined by the DOT by administrative 4 rules. 5 The bill requires a third-party test examiner who examines a 6 person with a physical or mental disability to be a certified 7 driver rehabilitation specialist or a driver rehabilitation 8 professional, or to have been issued a specialized instructor 9 badge, and any such certification, designation, or badge 10 must be granted by the association of driver rehabilitation 11 specialists. 12 A person who passes a test administered by a third-party test 13 examiner must still apply to the DOT for issuance of a permit 14 or license. 15 -4- LSB 2034YH (3) 90 th/ns 4/ 4