DAR File No. 28783

Public Safety, Driver License

R708-27

Certification of Driver Education Teachers in the Public Schools to Administer Knowledge and Driving Skills Tests

NOTICE OF PROPOSED RULE

DAR File No.: 28783
Filed: 06/07/2006, 02:14
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule change is to require driver education instructors to use two new computer-generated forms. The rule specifies what information the division needs on the forms.

Summary of the rule or change:

In the past, driver education instructors did not need to submit specific forms recording knowledge and road testing information. To better track information needed by the division, and for more consistency, the division has created two separate forms requiring specific information. The division will assist the instructors in updating their computer forms. The information that is needed has been outlined in the rule.

State statutory or constitutional authorization for this rule:

Section 53a-13-208

Anticipated cost or savings to:

the state budget:

The only cost to the state is some programming cost for developing the forms and upgrading the instructors' computer forms. The cost for this programming has not been determined.

local governments:

There will be no cost to local governments because developing new computer-generated forms for driver education instructors is exclusively a state responsibility.

other persons:

There is no extra cost to individuals because of the division using new forms.

Compliance costs for affected persons:

There is no cost to driver education schools because of the division using new forms.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no fiscal impact on businesses because of this rule change. Robert Flowers, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Vinn Roos at the above address, by phone at 801-965-4456, by FAX at 801-964-4482, or by Internet E-mail at vroos@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/31/2006

This rule may become effective on:

08/07/2006

Authorized by:

Nannette Rolfe, Director

RULE TEXT

R708. Public Safety, Driver License.

R708-27. Certification of Driver Education Teachers in the Public Schools to Administer Knowledge and Driving Skills Tests.

R708-27-1. Authority and Purpose.

This rule establishes standards and procedures to certify teachers of driver education classes in the public schools to administer knowledge and driving skills tests as required by Section 53A-13-208[ Utah Code Annotated].

R708-27-3. Standards and Procedures.

[A.](1) A teacher shall become certified by making application and by meeting the requirements of this rule. Application shall be made on a form furnished by the division and shall include the following information:

[1.](a) The name of the teacher who is applying for certification[.];

[2.](b) The addresses of locations where the teacher will be conducting driver education tests[.]; and

[3.](c) A verification that the teacher has completed division approved training for knowledge and driving skills testing.

[B.](2) The division will offer training to teachers concerning minimum standards which must be met in the administration and scoring of tests.

[C.](3) The division may authorize and train personnel within the public schools to provide the above training to teachers desiring to be certified to administer driver license knowledge and driving skills tests.

[D.](4) When testing students for driver licenses, certified teachers shall use only such driver training tests which are developed and used as a standard by the division for first time driver license applicants.

[E.](5) Knowledge test questions shall be kept in a secure place and shall be accessible only to school officials and to the division. Copies of the tests shall not be retained by students.

[F.](6) The driving skills test shall be conducted on streets, highways and off-road courses only. No simulator testing shall be substituted as part of the final test.

[G.](7) The test results will be valid for driver licensing purposes only if administered in conjunction with approved public driver education courses and by teachers meeting the requirements of these rules.

[H.](8) Records of all student test results shall be retained by the school for a four year period. The records shall be accessible to the division upon request during normal school hours.

[I.](9) Investigations and resolution of complaints relating to testing under this program shall be the responsibility of the USOE.

[J.](10) The USOE shall provide annually, on or before September 30, to the division, a list of all active certified driver education teachers.

R708-27-4. Submittal of Evidence of Student Test Completion.

(1) The following procedures shall be followed by the teacher and the student in submitting evidence of satisfactory completion of knowledge and driving skills testing[:].[

1. The school shall furnish a certificate of test completion to the student. The certificate shall be a form approved by the division and shall contain the results of tests taken, the signature of the certified teacher who administered the tests, and the date the tests were completed.]

(2) As evidence of satisfactory completion of knowledge testing, the school shall furnish a certificate of knowledge test completion to the student. The certificate shall be a form approved by the division and shall contain:

(a) the student's full legal name;

(b) the student's date of birth;

(c) the name of the school district;

(d) the name of the school;

(e) the school ID number;

(f) results of the knowledge test;

(g) the date the test was passed; and

(h) the signature of the certified teacher who administered the test.

(3) To apply for a Class D learner permit, a student must successfully pass the written knowledge test given by the division, or submit the certificate of knowledge test completion given him by the school.

(4) As evidence of satisfactory completion of driving skills testing and course completion, the school shall furnish a certificate to the student. The certificate shall be a form approved by the division and shall contain the following:

(a) the student's name as it appears on the Utah Lerner permit;

(b) the student date of birth;

(c) the student's date of birth,

(d) original issue date of completion certificate;

(e) results of the driving skills test;

(f) the signature of the certified teacher who administered the test;

(g) the date the test was completed;

(h) the date the driver education course was completed;

(i) the school ID number;

(j) the name of the school district; and

(k) the name of the school.

[2.](5) To apply for a Class D driver license, a student may submit the completed certificate of testing and the certificate of completion of driver training course, as issued to him/her by the school, to a division testing station.

[3.](6) When a student applies for a Class D driver license, the Division may waive it's normally administered knowledge and driving skills tests for students presenting valid certificates of testing.

R708-27-5. Refusal to Certify, Grounds for Cancellation and Suspension of Certification.

[1.](1) The division may refuse to certify teacher applicants who do not meet the standards for training or who submit an application that contains false or incomplete information.

[2.](2) The certification of a teacher shall be effective until cancelled or suspended by the division. The USOE may initiate suspension or cancellation of a certification by providing the division with a written request.

[3.](3) Certification once granted may be cancelled or suspended for non-compliance with these rules.

[4.](4) When the division determines that a need exists to cancel or suspend a teacher's certification, it shall determine an appropriate course of action from the following options:

[a.](a) suspension, pending a plan for remediation leading to reinstatement, or

[b.](b) cancellation of certification.

[5.](5) Reinstatement following cancellation of certification shall consist of completing an approved training plan following cancellation of certification and making application for a new certification.

[6.](6) Certification shall be cancelled when teachers no longer are employed as licensed public school teachers. Teachers who discontinue employment with the USOE and then return to teach driver education must make a new application with the division for a new certification and complete approved training following cancellation of certification.

KEY: driver education, teacher certification

Date of Enactment or Last Substantive Amendment: [November 24, 1995]2006

Notice of Continuation: November 25, 2002

Authorizing, and Implemented or Interpreted Law: 53A-13-208

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Vinn Roos at the above address, by phone at 801-965-4456, by FAX at 801-964-4482, or by Internet E-mail at vroos@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.