DRIVER EDUCATION

RULES AND REGULATIONS

(note: items highlighted in RED are the key points in the information below)

 

STATE BOARD OF EDUCATION

REVISED AUGUST 1998

TITLE 23:  EDUCATION AND CULTURAL RESOURCES

SUBTITLE A:  EDUCATION

CHAPTER I:  STATE BOARD OF EDUCATION

 

SUBCHAPTER g:  SPECIAL COURSE OF STUDY

PART 252 - DRIVER EDUCATION

 

 

 

Section

252.10                          Definitions

252.20                          Administration and Procedures

252.25                          Eligibility of Students

252.30                          The Terms of Reimbursement for Public School Participation in the Program

252.40                          Driver Education Teacher Requirements

252.50             Commercial Schools (Transferred)

AUTHORITY:           Implementing and authorized by Sections 27-23 and 27-24 et seq. of the School Code [105 ILCS 5/27-23 and 27-24 et seq., as amended by P.A. 88-188, effective January 1, 1994].

SOURCE:       Adopted September 4, 1975; codified at 8 Ill. Reg. 1585; emergency amendment at 9 Ill. Reg. 15558, effective October 1, 1985, for a maximum of 150 days; amended at 10 Ill. Reg. 12922, effective July 22, 1986; Section 252.50 transferred to 92 Ill. Adm. Code 1060.240 (Secretary of State) pursuant to Section 5-80 (d) of the Illinois Administrative Procedure Act [5ILCS 100/5-80 (d)] and Section 6-411 of the Illinois Driver License Law [625 ILCS 5/6-411] at 11 Ill. Reg. 1631; amended at 18 Ill. Reg. 16307, effective October 25, 1994; amended at 22 Ill. Reg. 7577, effective April 17, 1998.

NOTE:            Capitalization denotes statutory language.

Section 252.10 Definitions

“Approved Driver Education Course” is any driver education course approved by the State Superintendent of Education as meeting at least the minimum requirements o the Driver Education Act, as now or hereafter amended, and other such rules promulgated by the State Board of Education which are not inconsistent with provisions of the “Driver Education Act,” and have been duly filed in the Office of the Secretary of State.

“Classroom Instruction” is that part of the driver education course consisting of learning experiences centered in the classroom which not only utilize effective teaching methods such as lecture, discussion, and audiovisual aids, but also make ample use of field exercises and traffic studies.

“Combination Laboratory Program” is a type of program in which the multiple-car, driving simulation, and practice driving instruction are combined into one closely correlated program.

“Comprehensive Driver Education Program” is a program in which courses of instruction are available to all residents of the district including beginning drivers of all ages and other drivers in need of additional instruction.

“Declaration of Intent” is a student’s application for enrollment in a complete driver education course.

“Driver Education Course” as used herein consists of all those learning experiences provided by a school or school district for the purpose of helping students learn to use motor vehicles safely and efficiently.  Such driver education courses must include classroom and laboratory instruction as a unified course.  (See Section 252.20 (c) (1)).

“Driving Range” is an off-street driving facility on which a number of cars can be used simultaneously for student driving experience.  Road surfaces at least 24 feet wide are required for driving ranges.  The areas should include the following: space for development of fundamental skills, intersections, curves, and grades, lane markings and signs.

“Driving Simulators” are electromechanical devices designed to represent the driver’s compartment of the automobile through which student behavioral responses and manipulative procedures can be practiced and evaluated.

“Driving Simulation Instruction” is a type of laboratory instruction employing several driving simulator units and programmed films to reproduce phenomena likely to occur in actual driving performance.  The learners are confronted with sensory conditions similar to the actual task and are required to make responses applicable to the task and monitored by the teacher.

“Dual-Control Car” is a motor vehicle which has special safety and instructional equipment in addition to the regular legally prescribed equipment (Ill. Rev. Stat. 1985, ch. 95 1-2, par. 12-100 et seq.).  Such equipment shall consist of a second foot brake positioned for use by the instructor, an outside rearview mirror on the right side of the vehicle, and a sign identifying the vehicle as a driver education car (See Section 252.20 (d) (6) of this Part.).

“Illinois Driver Education Certificate” is an official document issued by the State Superintendent of Education and signed by the authorized school official which certifies that a person under age eighteen has successfully completed an approved driver education course.

“Integrated Program” is a driver education course in which the sequence and time span of the classroom and laboratory instruction are organized in such a way as to allow for maximum transfer of training.

“Laboratory Instruction” is that part of the driver education course which provides students with practice driving experiences and opportunities for other driving experiences under real or simulated conditions.

“Multiple-Car Instruction” is a type of laboratory instruction which enables one teacher, positioned outside multiple vehicles and using electronic or oral communication, to instruct and supervise several students simultaneously, each of whom is operating a vehicle on an off-street driving range designed specifically for such instruction.

“Observation Time” refers to that time during which a student is riding in the back seat of a dual-control car observing instructions of the teacher and procedures and techniques of the driver who is practice driving.

“Practice Driving” is that part of laboratory instruction which provides learning experiences for the student as an operator behind-the-wheel of a dual-control car in traffic on public highways under the direct supervision of a qualified driver education teacher instructing from the front seat of the automobile.

“Psychophysical Equipment” consists of testing devices used to demonstrate varying abilities related to vision, reaction time.

(Source:  Amended at 10 Ill. Reg. 12922, effective July 22, 1986.)

Section 252.20                        Administration and Procedures

a)                  Availability of the Course – Sections 27-23 and 27-24.2 of the School Code [105 ILCS 5/27-23 and 27-24.2] are consistent in that under both Sections the public school district offering courses in grades nine through twelve must provide the driver education course for any legal resident of the district between the ages of 15 and 21 years who request the course, provided such resident is eligible as set forth in Sections 27-23 and 27-24.2.

1)                  Public high school districts must provide the approved driver education course for all eligible students of the district who attend an independent, parochial, or private school that does not offer the course.

2)                  Independent, parochial, or private schools may offer an approved driver education course at their own expense.  The course must be complete to meet the requirements for certification of students.

3)                  Public high school districts must provide the driver education course for all eligible Illinois students, regardless of the district of their residence, who attend an independent, parochial, or private school which is located within that school district’s boundaries when application is made by the administrators of the independent, parochial, or private school.  By April 1, the nonpublic school shall notify the district offering the course of the names and district numbers of the nonresident students desiring to take such a course the next school year.  The district offering such course shall notify the district of residence of those students affected by April 15.

4)                  An eligible student may elect to enroll in an approved driver education course at a commercial school at his or her expense.

5)                  School districts are obligated to make the driver education course available within a reasonable length of time after a request has been field.  (Reasonable length of time is based on a student’s individual needs and the school district’s ability to meet the student’s needs.)

b)                  When to Offer the Course – Any high school district offering an approved driver education course must offer the course during the school day and may offer the course at other times.

1)                  The driver education course may not be offered only during the summer months or extended school days.

2)                  Enrollment in a driver education course must be closed at the inception of the course.  Another course may be started when enrollment warrants.

c)                  Program Organization – Approved driver education courses must be organized according to the standards established in Section 27-24 et seq. of the School Code (the Driver Education Act) and this Part.

1)                  Any student who is enrolled in a driver education course should receive classroom and laboratory instruction at the same school or public school district.

2)                  When circumstances make it necessary or beneficial for a student to receive laboratory instruction from a school other than that from which he or she received classroom instruction, official verification of satisfactory completion of the classroom portion and parental consent must be on file in the office of the management or the chief school officer of a school or public school district before laboratory instruction only shall be given.  Examples of such circumstances are listed below.

A)                A student changes the district of his or her residence after classroom completion.

B)                A student is a resident of the district but attends an approved school outside of the State of Illinois.

C)                A student changes residence from another state to Illinois after completion of a comparable course and reciprocity is established.  Reciprocity is established if the other state’s driver education course requires at least 30 clock hours of classroom instruction and 6 clock hours of practice driving.

D)                A school in Illinois is dissolved, has lost its license to operate, or the driver education course being offered is no longer approved.

E)                 A student is in attendance at a private school other than in the student’s district of residence.

3)                  A minimum of 30 clock hours of classroom instruction must be completed by each student.

4)                  The length of each instructional period shall not exceed 90 minutes.

5)                  Both the classroom and laboratory instruction must be scheduled regularly throughout a period of not less than six complete weeks (four weeks allowable in summer programs).

6)                  Laboratory instruction shall not begin until the student has started classroom instruction.

7)                  Laboratory instruction may be taught during an extended school day.

8)                  Each student shall have a valid instruction permit issued pursuant to Section 6-103 of the Illinois Motor Vehicle Code [625 ILCS 5/6-103] when engaged in practice driving instruction.

9)                  The law requires each student to complete a minimum of sic clock hours of practice driving instruction or its equivalent.  At least one but not more than three student observers must be in the car during practice driving on public streets.  At least one hours of observation time is required for each hour of practice driving.

10)              Two hours of multiple-car instruction may be provided in lieu of one hour of practice driving in a dual-control car, provided that the facility shall consist of a minimum of 80,000 square feet and provide the following elements for learning experiences:  basic driving maneuvers; basic problems of traffic flow and conflict; procedural and perceptual decision making.  A minimum of two hours must be in a dual-control car under traffic conditions.

11)              Four hours of driving simulation instruction may be provided in lieu of one hour of practice driving, with driving simulation being used as a replacement for no more than three clock hours of practice driving.  Driving simulation and practice driving must be concurrent or consecutive.

12)              Laboratory instruction which employs a combination laboratory program, as defined in Section 252.10 of this Part, may be authorized on an annual basis provided it meets the following standards:

A)                two clock hours of multiple-car instruction are provided in lieu of each clock hour of practice driving, with such instruction being used as a replacement for no more than four clock hours of practice driving;

B)                four clock hours of driving simulation are provided in lieu of each clock hour of practice driving, with driving simulation being used as a replacement for no more than three clock hours of practice driving; and

C)                no less than one clock hour of practice driving is provided.

13)              SCHOOL DISTRICTS MAY ADOPT A POLICY TO PERMIT PROFICIENCY EXAMINATIONS FOR THE PRACTICE DRIVING PHASE OF THE DRIVER EDUCATION COURSE AT ANY TIME AFTER A STUDENT COMPLETES 3 HOURS OF PRACTICE DRIVING UNDER THE DIRECT INSTRUCTION OF a qualified driver education teacher (Section 27-24.3 of the School Code).  The instruction provided to students under a policy adopted by the local school board pursuant to this authority must comply with the definition of “Practice Driving” in Section 252.10 o this Part; and the examination given to students after their completion of at least three clock hours of practice driving instruction:

A)                must be the same as the examination given at the completion of six hours of practice driving; and

B)                must include an assessment of each student’s ability to make proper decisions in varying levels of traffic, and to execute these decisions in a smooth, safe, and efficient manner.

14)              Satisfactory driver education course completion denotes that each student has the minimum competencies which meet course objectives and is eligible for the Illinois Driver Education Certificate.

15)              Integrated program course completion dates of both parts must be scheduled to coincide insofar as possible.

d)                  Enrollment – All eligible students who reside in a public school district must be provided an equal opportunity to enroll in the driver education course.

1)                  The local school district of which an eligible student is a resident has the responsibility of providing the approved driver education course when requested by the student.

2)                  A public school student’s declaration of intent is considered made at the time of regular registration.

3)                  Other eligible residents of the district are considered to have made a declaration of intent when the course is requested on an individual basis from the public high school.  Such request must be honored within a reasonable length of time as defined in subsection (a) (5) of this Section.

4)                  Independent, parochial, and private school administrators may request the approved driver education course for all eligible students, residents in Illinois, from the public school district in which the nonpublic school is located.

5)                  Administrators and teachers of state approved high school driver education programs shall not acquire an interest in, teach in, or solicit for a commercial driver education school.

6)                  Dual-Control Cars – The driver education car is to be used for instructional purposes.  A school district may not use the driver education car for purposes other than that which is designated by agreement or contract.  Automobiles used for on-street driver education purposes must display a printed sign which measures at least 18 inches in width and nine inches in height.  It must not obstruct vision through the rearview mirror or interfere with the operation of safety devices.  The lettering, which must be a minimum of two inches in height, must be black on a school bus yellow background.

7)                  Contracting – In fulfilling the requirements of the Driver Education Act, a public school district must either offer the course in its own school or must provide the course for its students and any other legal residents of the school district who request the course, through a joint agreement with another public school district or through the provisions of cooperative school district programs.

A)                Schools offering an approved driver education program shall not contact the course from any individual or agency.

B)                Inasmuch as commercial driver education schools are not allowed, through the Motor Vehicle Act, to contract with another commercial school, contracting between two or more commercial driver education schools to provide the approved driver education course for youth is also prohibited.

8)                  Students, as individuals, have the options of applying for the course at the high school district of their residence or of purchasing the course from a commercial school.

(Source:  Amended at 22 Ill. Reg. 7577, effective April 17, 1998)

 

Section 252.25                        Eligibility of students

a)                  Pursuant to Sections 27-23 and 27-24.2 of the School Code, no student shall be permitted to enroll in a driver education course provided by a public school district, a nonpublic school, or a commercial driving school unless he or she has either:

1)                  received a passing grade in at least 8 courses during the previous 2 semesters; or

2)                  received a waiver of this requirement from the superintendent of the public school district or the chief administrator of the nonpublic school in which the student is or will be enrolled full-time during the semester for which enrollment in driver education is sought.

b)                  Courses

1)                  For the purposes of this Section, a “course” means a sequence of instructional activities or unit of schoolwork for which a grade is given and listed in a student’s academic transcript.

2)                  For the purpose of determining eligibility under this Section, any coursework completed by a student during a summer term falling within the twelve-month period immediately preceding the beginning of the semester for which enrollment in driver education is sought shall be counted towards the 8 courses for which passing grades are needed.

c)                  Waivers

1)                  If in the sole judgment of the public school district superintendent or nonpublic school chief administrator of the school in which the student is or will be enrolled full-time during the semester for which enrollment in driver education is sought, waiver of the requirement set forth in subsection (a) (1) of this Section would be in the best interest of a student who has requested enrollment in driver education, the superintendent or chief school administrator may waive the requirement for that student.

2)                  A record of any waiver granted pursuant to this Section shall be entered into the affected student’s temporary student record as defined in 23 Ill. Adm. Code 275.75, or its equivalent in the case of a nonpublic high school.

d)                  Verification of Eligibility

1)                  Each public school district, nonpublic school, or commercial school offering driver education shall be responsible for verifying the eligibility of all students seeking enrollment in such courses.

2)                  Commercial driving schools and students wishing to enroll in them shall be subject to all applicable provisions of the Secretary of State’s rules for Commercial Driver Training Schools (92 Ill. Adm. Code 1060).

3)                  Public school districts and non-public schools offering driver education shall establish procedures for verifying the eligibility of students enrolled there full-time when eligibility is based upon the records created by, or transferred to, such schools.  If the public school district or nonpublic school previously attended by a student fails to transfer records in time to permit the student’s enrollment in driver education, then unofficial records or a sworn statement of the student shall be used to certify eligibility.

4)                  When a student requests enrollment in driver education coursework offered by an entity other than the school district or nonpublic school he or she attends, the school district or nonpublic school offering such coursework shall be responsible for requesting confirmation of the student’s eligibility pursuant to this Section.

A)                Confirmation may be obtained either in writing, by telephone, or via electronic means addressed to the official records custodian designated by the school pursuant to Section 50-4(a) of the School Code [105 ILCS 10/4(a)], provided that a notation is entered in the student’s temporary record describing how and when confirmation was secured and identifying the official who provided the information, with his or her title.

B)                The response shall indicate only whether or not the student is eligible and shall not indicate what grades a student received or whether the student received a waiver.

C)                Failure of a school district or nonpublic school to respond to a request for eligibility verification within 15 calendar days shall be construed as a positive response and the student in question shall be considered eligible for driver education.  The requesting school district or nonpublic school shall inform the sending district or nonpublic school, in writing, of the attempts made to verify eligibility and the lack of response.  This notification shall indicate that, in the absence of a response, the student is considered to be eligible.  A copy of the notification shall be placed in the student’s temporary record.

D)                A student enrolled in a home school who wishes to enroll in driver education offered by a public school district or nonpublic school shall present, and each such entity shall accept as verification of the student’s eligibility, a signed, notarized statement stipulating:

i)                    that the student is enrolled in a home school;

ii)                  that he or she is eligible pursuant to subsection (a) of this Section; and

iii)                that the signature presented is that of the individual who administers the school attended by the student.

(Source:  Added at 18 Ill. Reg. 16307, effective October 25, 1994)

 

Section 252.30            The Terms of Reimbursement for Public School Participation in the Program

a)                  Claims for Reimbursement – These SHALL BE MADE UNDER OATH OR AFFIRMATION OF THE PRESIDENT OR ACTING PRESIDENT OF THE SCHOOL BOARD AND THE CHIEF SCHOOL ADMINISTRATOR FOR THE DISTRICT EMPLOYED BY THE SCHOOL BOARD.

1)                  Reimbursement shall be determined in accordance with the provisions of Sections 27-24.4 and 27-24.5 of the School Code.  If the local school board establishes a policy permitting students to take a proficiency examination after at least three (3) clock hours of practice driving (see Section 252.20(c) (13)), and student(s) successfully complete the examinations, the claim for reimbursement will include this fact.  However, reimbursement for students who fail the proficiency examination may be claimed only upon their completion of six (6) clock hours of practice driving.

2)                  The state shall not reimburse any district for any student enrolled in the driver education course who has repeated any part of the course more than once, who did not meet the age requirements of the Act or was otherwise ineligible during the period in which he or she was enrolled in the course, or who did not hold a valid instruction permit during the laboratory instruction, or any district which did not adequately publicize and provide the course in a reasonable time after requested.

3)                  If the sum appropriated from the driver education fund is insufficient to pay all claims submitted each year, the amount payable to each district shall be proportionately reduced.

4)                  The school district which is the residence of an eligible pupil who attends a nonpublic school in another district that has furnished the driver education course shall reimburse the district offering the course the difference between the actual per capita cost of giving the course the previous school year and the amount reimbursed by the state.

5)                  The district may charge a reasonable fee – not to exceed the amount specified in Section 27-23 of the School Code – to students who participate in a driver education course approved in accordance with this Part.  This fee shall supersede any other fee(s) or portion thereof charged to students and attributable to the driver education course.  As used in this Part, “reasonable fee” means a fee calculated by dividing the sum of documented annual district costs for items such as instructional materials (if not included in the district’s textbook rental fee), the cost of driver education cars, car maintenance costs, fuel, and insurance by the number of students participating in the driver education course.  For purposes of this calculation, the cost of driver education cars that are purchased by the district shall be amortized over a five-year period, and the cost of leasing cars shall be included in the fee calculation in the year such costs are incurred.

6)                  No fee shall include any portion of the costs for school district personnel salaries and benefits.

7)                  The driver education fee shall be waived with respect to any student who applies pursuant to this subsection and who is eligible for free lunches or breakfasts pursuant to the School Free Lunch Program Act [105 ILCS 125/1 et seq.], and with respect to other students in accordance with the district’s policy adopted in accordance with Section 1.245 (“Waiver of School Fees”) of the rules of the State Board of Education (see 23 Ill. Adm. Code 1, Public Schools Evaluation, Recognition and Supervision).

b)                  Tuition Student – The district of residence will pay the entire per capita cost of such instruction to the other school and make claim for state reimbursement for such student.\

c)                  Cooperative School Programs – In fulfilling the reimbursable requirements, a school district must provide an approved driver education course or participate in a special education cooperative or be part of an approved joint school agreement with another public school district.

d)                  Records – Daily attendance records shall be kept by the teachers in the manner prescribed in Section 27-24.6 of The School Code and are to be used to certify claims made under the Act.

1)                  Records must be maintained by the school which substantiate daily lessons, time behind the wheel, observation time, other laboratory experiences and periodic as well as final evaluation of each student.  Also recorded shall be the beginning and ending dates of classroom and laboratory instruction.  Students are to be identified by their instructional permit number, name, address and other personal information.

2)                  Such records are to be on file in the office of the driver education supervisor, principal, or other manager at the time reimbursement and/or certification is requested.

3)                  Driver education participation records are to be kept and be readily available for a period of not less than three years.

4)                  All records are subject to yearly audit by state auditors.

e)                  Public School District Participation Agreement – Prior approval affirms continuous approval as long as the school continues to maintain standards established in the Driver Education Act and this Part.  An educational specialist from the office of the State Board of Education will visit each reimbursable program annually, after which a letter describing the status of the course will be issued to the district superintendent.

f)                   Driver Education Cost Accounting – Records of all expenses incurred in the operation of a reimbursable driver education program must be maintained by school officials.  Actual school expenditures for administration, supervision, instruction, instructional supplies, inservice training for teachers, operation of equipment, buildings, and other special construction (provided a schedule is on file) may be used to determine the actual per capita cost.

(Source:  Amended at 18 Ill. Reg. 16307, effective October 25, 1994).

 

Section 252.40                        Driver Education Teacher Requirements

a)                  Approved Teachers – Persons authorized by the State Superintendent of Education to conduct an approved driver education course.

b)                  Teacher Preparation – All persons who teach a driver education course which is reimbursable or non reimbursable must be qualified according to the minimum standards.

1)         The teacher must have the following:

            A)        The instructor must be a certified teacher.

B)                The instructor must hold a valid drivers license.

C)                The instructor must possess good physical health as determined in accordance with Section 24-5 of The School Code.

2)         The driver education teacher in a nonpublic school is not required

to be certified but must hold a baccalaureate degree, or equivalent as determined by the employing school, in addition to meeting the requirements of Section 252.40(b) (3).

3)                  The fully qualified instructor is required to have sixteen (16) semester hours of college credit in the field of safety and driver education as follows:

A)                five (5) semester hours in driver education,

B)                three (3) semester hours in general safety,

C)                eight (8) semester hours in subjects chosen from the following related areas:

i)                    Additional safety courses;

ii)                  Advanced psychology and sociology;

iii)                Health education;

iv)                Instructional materials.

D)                Teachers assigned to either simulation or multiple-car programs must have preparation in the use of these methods which shall consists of as minimum of one semester hour or its equivalent in each area.

4)                  Additional requirements will not be retroactive as pertaining to those qualified under standards applicable prior to September 1, 1962, so long as they continue to teach driver education in the same district, except in the event the method of instruction has been changed to include simulation and/or multiple-car laboratory instruction.  (See Section 252.40 (b) (3) (D)).  The prescribed additional requirements  effective July 1, 1969, must be met.

5)                  When two or more teachers are assigned to driver education, it is recommended that one teacher be designated as responsible for the overall program.  When schools have a department chairman or a person designated to supervise the program, this person must meet the minimum state requirements and be qualified to teach driver education.

(Source:  Amended at 10 Ill. Reg. 12922, effective July 22, 1986.)

            *          The course of instruction required of each eligible student at the high school level shall consist of a minimum of 30 clock hours of classroom instruction taught by a certified high school teacher who has acquired special qualifications as required by participation under the terms of Section 27-24.2 of this Act.

 

Section 252.50                        Commercial Schools (Transferred)

(Source:  Section 252.50 transferred to 92 Ill. Adm. Code 1060.240  (Secretary of State) pursuant to Section 5-80 (d) of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-80 (d) and Section 4-411 of the Illinois Driver License Law (Ill. Rev. Stat. 1985, ch. 95 ½, par. 6-411) at 11 Ill. Reg. 1631.