Iowa-2017-HF84-Introduced
House File 84 - Introduced
HOUSE FILE
BY HEARTSILL
A BILL FOR
1 An Act relating to parent=taught driver education.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 321.178A, Code 2017, is amended to read
1 2 as follows:
1 3 321.178A Driver Parent=taught driver education ==== teaching
1 4 parent.
1 5 1. Teaching parent Instruction by qualified parent. As an
1 6 alternative to the driver education requirements under section
1 7 321.178, a teaching qualified parent may instruct a student in
1 8 a driver education course that meets the requirements of this
1 9 section and provide evidence that the requirements under this
1 10 section have been met.
1 11 2. Definitions. For purposes of this section:
1 12 a. "Approved course" means driver education curriculum
1 13 approved by the department pursuant to rules adopted under
1 14 chapter 17A. An approved course shall, at a minimum, meet
1 15 the requirements of subsection 3 and be appropriate for
1 16 teaching=parent=directed parent=directed driver education
1 17 and related street or highway instruction. Driver education
1 18 materials that meet or exceed standards established by the
1 19 department for an approved course in driver education for a
1 20 public or private school shall be approved unless otherwise
1 21 determined by the department. The list of approved courses
1 22 shall be posted on the department's internet site.
1 23 b. "Student" means a person between the ages of fourteen
1 24 and twenty=one years who is within the custody and control of
1 25 the teaching parent and who satisfies preliminary licensing
1 26 requirements of the department.
1 27 c. b. "Teaching parent" "Qualified parent" means a person
1 28 who is a parent, guardian, or legal custodian of a student who
1 29 is currently providing competent private instruction to the
1 30 student pursuant to section 299A.2 or 299A.3 and who provided
1 31 such instruction to the student during the previous year; who,
1 32 provided that the person has a valid driver's license, other
1 33 than a motorized bicycle license or a temporary restricted
1 34 license, that permits unaccompanied driving; and who the
1 35 person has maintained a clear driving record for the previous
2 1 two years. For purposes of this paragraph, "clear driving
2 2 record" means the individual person has not been identified
2 3 as a candidate for suspension or revocation of a driver's
2 4 license under the habitual violator or habitual offender
2 5 provisions of the department's regulations; is not subject to a
2 6 driver's license suspension, revocation, denial, cancellation,
2 7 disqualification, or bar; and has no record of a conviction
2 8 for a moving traffic violation determined to be the cause of a
2 9 motor vehicle accident.
2 10 c. "Student" means a person between the ages of fourteen
2 11 and twenty=one years who is within the custody and control of
2 12 the qualified parent and who satisfies preliminary licensing
2 13 requirements of the department.
2 14 3. Course of instruction.
2 15 a. An approved course administered by a teaching qualified
2 16 parent shall consist of but not be limited to the following:
2 17 (1) Thirty clock hours of classroom instruction.
2 18 (2) Forty hours of street or highway driving including
2 19 four hours of driving after sunset and before sunrise while
2 20 accompanied by the teaching qualified parent.
2 21 (3) Four hours of classroom instruction concerning
2 22 substance abuse.
2 23 (4) A minimum of twenty minutes of instruction concerning
2 24 railroad crossing safety.
2 25 (5) Instruction relating to becoming an organ donor under
2 26 the revised uniform anatomical gift Act as provided in chapter
2 27 142C.
2 28 (6) Instruction providing an awareness about sharing the
2 29 road with bicycles and motorcycles.
2 30 b. The content of the course of instruction required under
2 31 this subsection shall be equivalent to that required under
2 32 section 321.178. However, reference and study materials,
2 33 physical classroom requirements, and extra vehicle safety
2 34 equipment required for instruction under section 321.178 shall
2 35 not be required for the course of instruction provided under
3 1 this section.
3 2 4. Course completion and certification. Upon application
3 3 by a student for an intermediate license, the teaching
3 4 qualified parent shall provide evidence showing the student's
3 5 completion of an approved course and substantial compliance
3 6 with the requirements of subsection 3 by affidavit signed by
3 7 the teaching qualified parent on a form to be provided by the
3 8 department. The evidence shall include all of the following:
3 9 a. Documentation that the instructor is a teaching qualified
3 10 parent as defined in subsection 2.
3 11 b. Documentation that the student is receiving competent
3 12 private instruction under section 299A.2 or the name of
3 13 the school district within which the student is receiving
3 14 instruction under section 299A.3.
3 15 c. b. The name of the approved course completed by the
3 16 student.
3 17 d. c. An affidavit attesting to satisfactory completion of
3 18 course work and street or highway driving instruction.
3 19 e. d. Copies of written tests completed by the student.
3 20 f. e. A statement of the number of classroom hours of
3 21 instruction.
3 22 g. f. A log of completed street or highway driving
3 23 instruction including the dates when the lessons were
3 24 conducted, the student's and the teaching qualified parent's
3 25 name and initials noted next to each entry, notes on driving
3 26 activities including a list of driving deficiencies and
3 27 improvements, and the duration of the driving time for each
3 28 session.
3 29 5. Intermediate license. Any student who successfully
3 30 completes an approved course as provided in this section,
3 31 passes a driving test to be administered by the department,
3 32 and is otherwise qualified under section 321.180B, subsection
3 33 2, shall be eligible for an intermediate license pursuant
3 34 to section 321.180B. Twenty of the forty hours of street
3 35 or highway driving instruction required under subsection 3,
4 1 paragraph "a", subparagraph (2), may be used to satisfy the
4 2 requirement of section 321.180B, subsection 2.
4 3 6. Full license. A student must comply with section
4 4 321.180B, subsection 4, to be eligible for a full driver's
4 5 license pursuant to section 321.180B.
4 6 EXPLANATION
4 7 The inclusion of this explanation does not constitute agreement with
4 8 the explanation's substance by the members of the general assembly.
4 9 This bill expands current law to allow any qualified parent
4 10 to teach driver education to that parent's child. Current law
4 11 allows a parent, guardian, or legal custodian of a student who
4 12 is providing competent private instruction to that student to
4 13 teach the student driver education, provided the person has a
4 14 valid driver's license that permits unaccompanied driving and
4 15 has a clear driving record for the previous two years.
4 16 The requirements for a driver education course taught
4 17 by a qualified parent are the same as the requirements
4 18 currently applicable to a course taught by a "teaching parent".
4 19 "Qualified parent" is defined to include a parent, guardian, or
4 20 legal custodian of a student, provided the person has a valid
4 21 driver's license that permits unaccompanied driving and has a
4 22 clear driving record for the previous two years.
4 23 The classroom instruction requirements for the alternative
4 24 course of instruction are substantially the same as for an
4 25 approved course of instruction offered by a public school
4 26 district or private or commercial driver education school,
4 27 with additional requirements for 40, rather than 20, hours
4 28 of street or highway driving including night driving. The
4 29 course of instruction must be a course approved by the
4 30 department of transportation by rule and use driver education
4 31 materials that meet or exceed standards established for driver
4 32 education courses approved for public or private schools. A
4 33 list of approved courses must be posted on the department of
4 34 transportation's internet site. In order for the student to
4 35 qualify for an intermediate driver's license, the qualified
5 1 parent is required to document substantial compliance with the
5 2 driver education course requirements and furnish an affidavit
5 3 attesting to the student's satisfactory completion of the
5 4 course work and street or highway driving to the department of
5 5 education.
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