Bill Text: IL HB6141 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the School Code. Provides that a school district may offer a driver education course in a school by contracting with a commercial driver training school to provide both the classroom instruction part and the practice driving part or either one without having to request a modification or waiver of administrative rules of the State Board of Education. Provides that if a district chooses to contract with a commercial driver training school, then the district must provide evidence to the State Board of Education that the school holds a license issued by the Secretary of State. With respect to the requirement that a driver education course consist of at least 6 clock hours of practice driving in a car having dual operating controls in order for a school district to receive reimbursement from the State, provides that the State Board of Education may allow, in lieu of not more than 5 clock hours of practice driving in a dual control car, such practice driving instruction as it determines is the equivalent of such practice driving in a dual control car. Allows school districts to adopt a policy to permit proficiency examinations for the practice driving part of the driver education course at any time after the completion of 3 hours of practice driving under direct individual instruction. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-02-11 - Referred to Rules Committee [HB6141 Detail]
Download: Illinois-2015-HB6141-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | ||||||||||||||||||||||||||||
5 | 2-3.25g, 27-24.2, and 27-24.3 as follows:
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6 | (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g) | ||||||||||||||||||||||||||||
7 | Sec. 2-3.25g. Waiver or modification of mandates within the | ||||||||||||||||||||||||||||
8 | School
Code and administrative rules and regulations. | ||||||||||||||||||||||||||||
9 | (a) In this Section: | ||||||||||||||||||||||||||||
10 | "Board" means a school board or the governing board or | ||||||||||||||||||||||||||||
11 | administrative district, as the case may be, for a joint | ||||||||||||||||||||||||||||
12 | agreement. | ||||||||||||||||||||||||||||
13 | "Eligible applicant" means a school district, joint | ||||||||||||||||||||||||||||
14 | agreement made up of school districts, or regional | ||||||||||||||||||||||||||||
15 | superintendent of schools on behalf of schools and programs | ||||||||||||||||||||||||||||
16 | operated by the regional office of education.
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17 | "Implementation date" has the meaning set forth in | ||||||||||||||||||||||||||||
18 | Section 24A-2.5 of this Code. | ||||||||||||||||||||||||||||
19 | "State Board" means the State Board of Education.
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20 | (b) Notwithstanding any other
provisions of this School | ||||||||||||||||||||||||||||
21 | Code or any other law of this State to the
contrary, eligible | ||||||||||||||||||||||||||||
22 | applicants may petition the State Board of Education for the
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23 | waiver or modification of the mandates of this School Code or |
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1 | of the
administrative rules and regulations promulgated by the | ||||||
2 | State Board of
Education. Waivers or modifications of | ||||||
3 | administrative rules and regulations
and modifications of | ||||||
4 | mandates of this School Code may be requested when an eligible | ||||||
5 | applicant demonstrates that it can address the intent of the | ||||||
6 | rule or
mandate in a more effective, efficient, or economical | ||||||
7 | manner or when necessary
to stimulate innovation or improve | ||||||
8 | student performance. Waivers of
mandates of
the School Code may | ||||||
9 | be requested when the waivers are necessary to stimulate
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10 | innovation or improve student performance. Waivers may not be | ||||||
11 | requested
from laws, rules, and regulations pertaining to | ||||||
12 | special education, teacher educator licensure, teacher tenure | ||||||
13 | and seniority, or Section 5-2.1 of this Code or from compliance | ||||||
14 | with the No
Child Left Behind Act of 2001 (Public Law 107-110). | ||||||
15 | Eligible applicants may not seek a waiver or seek a | ||||||
16 | modification of a mandate regarding the requirements for (i) | ||||||
17 | student performance data to be a significant factor in teacher | ||||||
18 | or principal evaluations or (ii) teachers and principals to be | ||||||
19 | rated using the 4 categories of "excellent", "proficient", | ||||||
20 | "needs improvement", or "unsatisfactory". On September 1, | ||||||
21 | 2014, any previously authorized waiver or modification from | ||||||
22 | such requirements shall terminate. | ||||||
23 | (c) Eligible applicants, as a matter of inherent managerial | ||||||
24 | policy, and any
Independent Authority established under | ||||||
25 | Section 2-3.25f-5 of this Code may submit an
application for a | ||||||
26 | waiver or modification authorized under this Section. Each
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1 | application must include a written request by the eligible | ||||||
2 | applicant or
Independent Authority and must demonstrate that | ||||||
3 | the intent of the mandate can
be addressed in a more effective, | ||||||
4 | efficient, or economical manner
or be based
upon a specific | ||||||
5 | plan for improved student performance and school improvement.
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6 | Any eligible applicant requesting a waiver or modification for | ||||||
7 | the reason that intent
of the mandate can be addressed in a | ||||||
8 | more economical manner shall include in
the application a | ||||||
9 | fiscal analysis showing current expenditures on the mandate
and | ||||||
10 | projected savings resulting from the waiver
or modification. | ||||||
11 | Applications
and plans developed by eligible applicants must be | ||||||
12 | approved by the board or regional superintendent of schools | ||||||
13 | applying on behalf of schools or programs operated by the | ||||||
14 | regional office of education following a public hearing on the | ||||||
15 | application and plan and the
opportunity for the board or | ||||||
16 | regional superintendent to hear testimony from staff
directly | ||||||
17 | involved in
its implementation, parents, and students. The time | ||||||
18 | period for such testimony shall be separate from the time | ||||||
19 | period established by the eligible applicant for public comment | ||||||
20 | on other matters. If the applicant is a school district or | ||||||
21 | joint agreement requesting a waiver or modification of Section | ||||||
22 | 27-6 of this Code, the public hearing shall be held on a day | ||||||
23 | other than the day on which a regular meeting of the board is | ||||||
24 | held. | ||||||
25 | (c-5) If the applicant is a school district, then the | ||||||
26 | district shall post information that sets forth the time, date, |
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1 | place, and general subject matter of the public hearing on its | ||||||
2 | Internet website at least 14 days prior to the hearing. If the | ||||||
3 | district is requesting to increase the fee charged for driver | ||||||
4 | education authorized pursuant to Section 27-24.2 of this Code, | ||||||
5 | the website information shall include the proposed amount of | ||||||
6 | the fee the district will request. All school districts must | ||||||
7 | publish a notice of the public hearing at least 7 days prior to | ||||||
8 | the hearing in a newspaper of general circulation within the | ||||||
9 | school district that sets forth the time, date, place, and | ||||||
10 | general subject matter of the hearing. Districts requesting to | ||||||
11 | increase the fee charged for driver education shall include in | ||||||
12 | the published notice the proposed amount of the fee the | ||||||
13 | district will request. If the applicant is a joint agreement or | ||||||
14 | regional superintendent, then the joint agreement or regional | ||||||
15 | superintendent shall post information that sets forth the time, | ||||||
16 | date, place, and general subject matter of the public hearing | ||||||
17 | on its Internet website at least 14 days prior to the hearing. | ||||||
18 | If the joint agreement or regional superintendent is requesting | ||||||
19 | to increase the fee charged for driver education authorized | ||||||
20 | pursuant to Section 27-24.2 of this Code, the website | ||||||
21 | information shall include the proposed amount of the fee the | ||||||
22 | applicant will request. All joint agreements and regional | ||||||
23 | superintendents must publish a notice of the public hearing at | ||||||
24 | least 7 days prior to the hearing in a newspaper of general | ||||||
25 | circulation in each school district that is a member of the | ||||||
26 | joint agreement or that is served by the educational service |
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1 | region that sets forth the time, date, place, and general | ||||||
2 | subject matter of the hearing, provided that a notice appearing | ||||||
3 | in a newspaper generally circulated in more than one school | ||||||
4 | district shall be deemed to fulfill this requirement with | ||||||
5 | respect to all of the affected districts. Joint agreements or | ||||||
6 | regional superintendents requesting to increase the fee | ||||||
7 | charged for driver education shall include in the published | ||||||
8 | notice the proposed amount of the fee the applicant will | ||||||
9 | request. The
eligible applicant must notify in writing the | ||||||
10 | affected exclusive collective
bargaining agent and those State | ||||||
11 | legislators representing the eligible applicant's territory of
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12 | its
intent to seek approval of a
waiver or
modification and of | ||||||
13 | the hearing to be held to take testimony from staff.
The | ||||||
14 | affected exclusive collective bargaining agents shall be | ||||||
15 | notified of such
public hearing at least 7 days prior to the | ||||||
16 | date of the hearing and shall be
allowed to attend
such public | ||||||
17 | hearing. The eligible applicant shall attest to compliance with | ||||||
18 | all of
the notification and procedural requirements set forth | ||||||
19 | in this Section. | ||||||
20 | (d) A request for a waiver or modification of | ||||||
21 | administrative rules and
regulations or for a modification of | ||||||
22 | mandates contained in this School Code
shall be submitted to | ||||||
23 | the State Board of Education within 15 days after
approval by | ||||||
24 | the board or regional superintendent of schools. The | ||||||
25 | application as submitted to the
State Board of Education shall | ||||||
26 | include a description of the public hearing. Except with |
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1 | respect to contracting for adaptive driver education, an | ||||||
2 | eligible applicant wishing to request a modification or waiver | ||||||
3 | of administrative rules of the State Board of Education | ||||||
4 | regarding contracting with a commercial driver training school | ||||||
5 | to provide the course of study authorized under Section 27-24.2 | ||||||
6 | of this Code must provide evidence with its application that | ||||||
7 | the commercial driver training school with which it will | ||||||
8 | contract holds a license issued by the Secretary of State under | ||||||
9 | Article IV of Chapter 6 of the Illinois Vehicle Code and that | ||||||
10 | each instructor employed by the commercial driver training | ||||||
11 | school to provide instruction to students served by the school | ||||||
12 | district holds a valid teaching certificate or teaching | ||||||
13 | license, as applicable, issued under the requirements of this | ||||||
14 | Code and rules of the State Board of Education. Such evidence | ||||||
15 | must include, but need not be limited to, a list of each | ||||||
16 | instructor assigned to teach students served by the school | ||||||
17 | district, which list shall include the instructor's name, | ||||||
18 | personal identification number as required by the State Board | ||||||
19 | of Education, birth date, and driver's license number. If the | ||||||
20 | modification or waiver is granted, then the eligible applicant | ||||||
21 | shall notify the State Board of Education of any changes in the | ||||||
22 | personnel providing instruction within 15 calendar days after | ||||||
23 | an instructor leaves the program or a new instructor is hired. | ||||||
24 | Such notification shall include the instructor's name, | ||||||
25 | personal identification number as required by the State Board | ||||||
26 | of Education, birth date, and driver's license number. If a |
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1 | school district maintains an Internet website, then the | ||||||
2 | district shall post a copy of the final contract between the | ||||||
3 | district and the commercial driver training school on the | ||||||
4 | district's Internet website. If no Internet website exists, | ||||||
5 | then the district shall make available the contract upon | ||||||
6 | request. A record of all materials in relation to the | ||||||
7 | application for contracting must be maintained by the school | ||||||
8 | district and made available to parents and guardians upon | ||||||
9 | request. The instructor's date of birth and driver's license | ||||||
10 | number and any other personally identifying information as | ||||||
11 | deemed by the federal Driver's Privacy Protection Act of 1994 | ||||||
12 | must be redacted from any public materials.
Following receipt | ||||||
13 | of the waiver or modification request, the
State Board shall | ||||||
14 | have 45 days to review the application and request. If the
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15 | State Board fails to disapprove the application within that 45 | ||||||
16 | day period, the
waiver or modification shall be deemed granted. | ||||||
17 | The State Board
may disapprove
any request if it is not based | ||||||
18 | upon sound educational practices, endangers the
health or | ||||||
19 | safety of students or staff, compromises equal opportunities | ||||||
20 | for
learning, or fails to demonstrate that the intent of the | ||||||
21 | rule or mandate can be
addressed in a more effective, | ||||||
22 | efficient, or economical manner or have improved
student | ||||||
23 | performance as a primary goal. Any request disapproved by the | ||||||
24 | State
Board may be appealed to the General Assembly by the | ||||||
25 | eligible applicant
as outlined in this Section. | ||||||
26 | A request for a waiver from mandates contained in this |
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1 | School Code shall be
submitted to the State Board within 15 | ||||||
2 | days after approval by the board or regional superintendent of | ||||||
3 | schools.
The application as submitted to the State Board of | ||||||
4 | Education
shall include a description of the public hearing. | ||||||
5 | The description shall
include, but need not be limited to, the | ||||||
6 | means of notice, the number of people
in attendance, the number | ||||||
7 | of people who spoke as proponents or opponents of the
waiver, a | ||||||
8 | brief description of their comments, and whether there were any
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9 | written statements submitted.
The State Board shall review the | ||||||
10 | applications and requests for
completeness and shall compile | ||||||
11 | the requests in reports to be filed with the
General Assembly.
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12 | The State Board shall file
reports outlining the waivers
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13 | requested by eligible applicants
and appeals by eligible | ||||||
14 | applicants of requests
disapproved by the State Board with the | ||||||
15 | Senate and the House of
Representatives before each March 1 and
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16 | October
1. The General Assembly may disapprove the report of | ||||||
17 | the State Board in whole
or in part within 60 calendar days | ||||||
18 | after each house of the General Assembly
next
convenes after | ||||||
19 | the report is filed by adoption of a resolution by a record | ||||||
20 | vote
of the majority of members elected in each house. If the | ||||||
21 | General Assembly
fails to disapprove any waiver request or | ||||||
22 | appealed request within such 60
day period, the waiver or | ||||||
23 | modification shall be deemed granted. Any resolution
adopted by | ||||||
24 | the General Assembly disapproving a report of the State Board | ||||||
25 | in
whole or in part shall be binding on the State Board. | ||||||
26 | (e) An approved waiver or modification (except a waiver |
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1 | from or modification to a physical education mandate) may | ||||||
2 | remain in effect for a period not to
exceed 5 school years and | ||||||
3 | may be renewed upon application by the
eligible applicant. | ||||||
4 | However, such waiver or modification may be changed within that
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5 | 5-year period by a board or regional superintendent of schools | ||||||
6 | applying on behalf of schools or programs operated by the | ||||||
7 | regional office of education following the procedure as set
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8 | forth in this Section for the initial waiver or modification | ||||||
9 | request. If
neither the State Board of Education nor the | ||||||
10 | General Assembly disapproves, the
change is deemed granted. | ||||||
11 | An approved waiver from or modification to a physical | ||||||
12 | education mandate may remain in effect for a period not to | ||||||
13 | exceed 2 school years and may be renewed no more than 2 times | ||||||
14 | upon application by the eligible applicant. An approved waiver | ||||||
15 | from or modification to a physical education mandate may be | ||||||
16 | changed within the 2-year period by the board or regional | ||||||
17 | superintendent of schools, whichever is applicable, following | ||||||
18 | the procedure set forth in this Section for the initial waiver | ||||||
19 | or modification request. If neither the State Board of | ||||||
20 | Education nor the General Assembly disapproves, the change is | ||||||
21 | deemed granted.
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22 | (f) (Blank). | ||||||
23 | (Source: P.A. 98-513, eff. 1-1-14; 98-739, eff. 7-16-14; | ||||||
24 | 98-1155, eff. 1-9-15; 99-78, eff. 7-20-15.)
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25 | (105 ILCS 5/27-24.2) (from Ch. 122, par. 27-24.2) |
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1 | Sec. 27-24.2. Safety education; driver education course. | ||||||
2 | Instruction shall be given in safety education in each of | ||||||
3 | grades one through though 8, equivalent to one class period | ||||||
4 | each week, and any school district which maintains
grades 9 | ||||||
5 | through 12 shall offer a driver education course in any such | ||||||
6 | school
which it operates. Its curriculum shall include content | ||||||
7 | dealing with Chapters 11, 12, 13, 15, and 16 of the Illinois | ||||||
8 | Vehicle Code, the rules adopted pursuant to those Chapters | ||||||
9 | insofar as they pertain to the operation of motor vehicles, and | ||||||
10 | the portions of the Litter Control Act relating to the | ||||||
11 | operation of motor vehicles. The course of instruction given in | ||||||
12 | grades 10 through 12 shall include an emphasis on the | ||||||
13 | development of knowledge, attitudes, habits, and skills | ||||||
14 | necessary for the safe operation of motor vehicles, including | ||||||
15 | motorcycles insofar as they can be taught in the classroom, and | ||||||
16 | instruction on distracted driving as a major traffic safety | ||||||
17 | issue. In addition, the course shall include instruction on | ||||||
18 | special hazards existing at and required safety and driving | ||||||
19 | precautions that must be observed at emergency situations, | ||||||
20 | highway construction and maintenance zones, and railroad | ||||||
21 | crossings and the approaches thereto. The course of instruction | ||||||
22 | required of each eligible student at the high school level | ||||||
23 | shall consist of a minimum of 30 clock hours of classroom | ||||||
24 | instruction and a minimum of 6 clock hours of individual | ||||||
25 | behind-the-wheel instruction in a dual control car on public | ||||||
26 | roadways taught by a driver education instructor endorsed by |
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1 | the State Board of Education. Both the classroom instruction | ||||||
2 | part and the practice driving
part of such driver education | ||||||
3 | course shall be open to a resident or
non-resident student | ||||||
4 | attending a non-public school in the district wherein the
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5 | course is offered. Each student attending any public or | ||||||
6 | non-public high school
in the district must receive a passing | ||||||
7 | grade in at least 8 courses during the
previous 2 semesters | ||||||
8 | prior to enrolling in a driver education course, or the
student | ||||||
9 | shall not be permitted to enroll in the course; provided that | ||||||
10 | the local
superintendent of schools (with respect to a student | ||||||
11 | attending a public high
school in the district) or chief school | ||||||
12 | administrator (with respect to a
student attending a non-public | ||||||
13 | high school in the district) may waive the
requirement if the | ||||||
14 | superintendent or chief school administrator, as the case
may | ||||||
15 | be, deems it to be in the best interest of the student. A | ||||||
16 | student may be allowed to commence the
classroom instruction | ||||||
17 | part of such driver education course prior to reaching
age 15 | ||||||
18 | if such student then will be eligible to complete the entire | ||||||
19 | course
within 12 months after being allowed to commence such | ||||||
20 | classroom instruction. | ||||||
21 | A school district may offer a driver education course in a | ||||||
22 | school by contracting with a commercial driver training school | ||||||
23 | to provide both the classroom instruction part and the practice | ||||||
24 | driving part or either one without having to request a | ||||||
25 | modification or waiver of administrative rules of the State | ||||||
26 | Board of Education. If a school district chooses to contract |
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1 | with a commercial driver training school, then the district | ||||||
2 | must provide evidence to the State Board of Education that the | ||||||
3 | commercial driver training school with which it will contract | ||||||
4 | holds a license issued by the Secretary of State under Article | ||||||
5 | IV of Chapter 6 of the Illinois Vehicle Code. | ||||||
6 | Such a course may be commenced immediately after the | ||||||
7 | completion of a prior
course. Teachers of such courses shall | ||||||
8 | meet the licensure certification requirements of
this Code Act | ||||||
9 | and regulations of the State Board as to qualifications. | ||||||
10 | Subject to rules of the State Board of Education, the | ||||||
11 | school district may charge a reasonable fee, not to exceed $50, | ||||||
12 | to students who participate in the course, unless a student is | ||||||
13 | unable to pay for such a course, in which event the fee for | ||||||
14 | such a student must be waived. However, the district may | ||||||
15 | increase this fee to an amount not to exceed $250 by school | ||||||
16 | board resolution following a public hearing on the increase, | ||||||
17 | which increased fee must be waived for students who participate | ||||||
18 | in the course and are unable to pay for the course. The total | ||||||
19 | amount from driver education fees and reimbursement from the | ||||||
20 | State for driver education must not exceed the total cost of | ||||||
21 | the driver education program in any year and must be deposited | ||||||
22 | into the school district's driver education fund as a separate | ||||||
23 | line item budget entry. All moneys deposited into the school | ||||||
24 | district's driver education fund must be used solely for the | ||||||
25 | funding of a high school driver education program approved by | ||||||
26 | the State Board of Education that uses driver education |
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1 | instructors endorsed by the State Board of Education. | ||||||
2 | (Source: P.A. 96-734, eff. 8-25-09; 97-145, eff. 7-14-11; | ||||||
3 | revised 10-21-15.)
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4 | (105 ILCS 5/27-24.3) (from Ch. 122, par. 27-24.3)
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5 | Sec. 27-24.3. Reimbursement. In order for the school | ||||||
6 | district to receive reimbursement from the
State as hereinafter | ||||||
7 | provided, the driver education course offered in
its schools | ||||||
8 | shall consist of at least 30 clock hours of classroom
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9 | instruction and, subject to modification as hereinafter | ||||||
10 | allowed, at
least 6 clock hours of practice driving in a car | ||||||
11 | having dual operating
controls under direct individual | ||||||
12 | instruction. The State Board may allow, in lieu of not more | ||||||
13 | than 5 clock hours of practice driving in a dual control car, | ||||||
14 | such practice driving instruction as it determines is the | ||||||
15 | equivalent of such practice driving in a dual control car. | ||||||
16 | School districts may adopt a policy to permit proficiency | ||||||
17 | examinations for the practice driving part of the driver | ||||||
18 | education course at any time after the completion of 3 hours of
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19 | practice driving under direct individual instruction.
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20 | (Source: P.A. 95-310, eff. 7-1-08 .)
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