Senate Study Bill 1028 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF TRANSPORTATION BILL) A BILL FOR An Act authorizing certain persons to administer the final 1 field test of an approved driver education course. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1216XD (3) 90 th/ns

S.F. _____ H.F. _____ 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 21 in driver education or an approved course in motorcycle 22 education may, upon proof of such fact, be excused from any 23 field test which the student would otherwise be required to 24 take in demonstrating the student’s ability to operate a motor 25 vehicle. A student shall not be excused from any field test 26 if a parent, guardian, or instructor requests that a test 27 be administered. A final field test prior to a student’s 28 completion of an approved course shall be administered by a 29 person qualified as a classroom driver education instructor and 30 certified to provide street and or highway driving instruction 31 under paragraph “b” , subparagraph (2) . A person qualified as 32 a classroom driver education instructor but not certified to 33 provide street and highway driving instruction may administer 34 the final field test if accompanied by another person qualified 35 -1- LSB 1216XD (3) 90 th/ns 1/ 2

S.F. _____ H.F. _____ to provide street and highway driving instruction. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 Under current law, a student driver can complete an approved 5 driver education course which consists of both classroom 6 instruction and street or highway driving instruction. Prior 7 to completion of the course, a final field test must be 8 administered by a person qualified as a classroom driver 9 education instructor and certified to provide street and 10 highway driving instruction. 11 To be qualified as a classroom driver education instructor, 12 Code section 321.178 requires a person to have satisfied 13 the educational requirements for a teaching license at the 14 elementary or secondary level and hold a valid license to teach 15 driver education in Iowa public schools. To be qualified to 16 provide street or highway driving instruction, a person must be 17 certified by the department of transportation and authorized 18 by the board of educational examiners. However, if the person 19 is a peace officer with five or more years of experience, 20 or a retired peace officer who holds a driver’s license that 21 is valid for more than two years from the date of issuance, 22 the person is not required to be authorized by the board of 23 educational examiners. 24 This bill strikes the provisions relating to who may 25 administer a final field test and authorizes a person who is 26 qualified to provide street or highway driving instruction 27 under current law to administer a final field test. 28 -2- LSB 1216XD (3) 90 th/ns 2/ 2