Original Notice.

     Preproposal statement of inquiry was filed as WSR 08-19-048.

     Title of Rule and Other Identifying Information: Chapter 392-153 WAC, Traffic safety education.

     Hearing Location(s): Office of the Superintendent of Public Instruction (OSPI), P.O. Box 47200, Olympia, WA 98504, on December 10, 2008, at 8:30 a.m.

     Date of Intended Adoption: December 11, 2008.

     Submit Written Comments to: Allan J. Jones, P.O. Box 47200, Olympia, WA 98504-7200, e-mail allan.jones@k12.wa.us, fax (360) 586-6124, by December 9, 2008.

     Assistance for Persons with Disabilities: Contact Penny Coker by December 9, 2008, TTY (360) 664-3631 or (360) 725-6142.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend the language to reflect requirements adopted by the 2008 legislative session. The changes include the addition of language requiring public school district traffic safety education programs to incorporate "driving safely among pedestrians and bicyclists" curriculum materials, approved by the director of licensing, into their local curriculum. This change is in response to HB 2564 and the resulting changes made to chapter 28A.220 RCW.

     In addition, there is a change made to the language in the WAC regarding the process for obtaining a TSE conditional certificate to clarify that process and remove ambiguity in the training requirement.

     Statutory Authority for Adoption: Chapter 28A.220 RCW and RCW 46.20.100.

     Rule is not necessitated by federal law, federal or state court decision.

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: To amend the language to reflect requirements adopted by the 2008 legislative session. The changes include the addition of language requiring public school district traffic safety education programs to incorporate "driving safely among pedestrians and bicyclists" curriculum materials, approved by the director of licensing, into their local curriculum. This change is in response to HB 2564 and the resulting changes made to chapter 28A.220 RCW. In addition, there is a change made to the language in the WAC regarding the process for obtaining a TSE conditional certificate to clarify that process and remove ambiguity in the training requirement.

     Name of Proponent: OSPI, governmental.

     Name of Agency Personnel Responsible for Drafting: Charlie Schreck, OSPI, (360) 725-6136; Implementation: Martin Mueller, OSPI, (360) 725-5175; and Enforcement: Allan J. Jones, OSPI, (360) 725-6120.

     No small business economic impact statement has been prepared under chapter 19.85 RCW.

     A cost-benefit analysis is not required under RCW 34.05.328.

October 30, 2008

Dr. Terry Bergeson

State Superintendent

OTS-1922.1

AMENDATORY SECTION(Amending WSR 06-08-043, filed 3/30/06, effective 4/30/06)

WAC 392-153-021   Conditional traffic safety education certificates -- Behind the wheel or classroom.   (1) ((If you are not a certificated teacher,)) You may be issued a behind the wheel conditional certificate by the superintendent of public instruction to teach the laboratory phase, provided you meet the following requirements:

     (a) Complete a behind the wheel conditional certificate course, consisting of at least sixty clock hours of instruction, approved by the superintendent of public instruction that includes supervised practice in instructing and demonstration of instructional competencies within two years prior to application. You must also pass practical and knowledge examinations administered by an agent approved by the office of the superintendent of public instruction.

     (b) Possess a valid Washington state driver's license (or a valid license from another state provided you are a resident of that state).

     (c) Hold a high school diploma or its equivalent.

     (d) Have at least five years of licensed driving experience.

     (e) Provide a current satisfactory driving record to the employing school district on an annual basis.

     (f) ((Verify completion of at least sixty hours of course work within the previous two years.

     (g))) Provide verification to the office of the superintendent of public instruction that the employing school district has determined that you comply with all of the requirements set forth in this chapter.

     (((h))) (g) To teach using a simulator or on a multiple car driving range, you must provide evidence of having completed an additional thirty hours of course work which includes supervised practice in instructing using the designated method.

     (2) ((If you are not a certificated teacher,)) You may be issued a classroom conditional certificate by the superintendent of public instruction to teach the classroom phase, provided you meet the following requirements:

     (a) Possess a valid Washington state driver's license (or a valid license from another state provided you are a resident of that state).

     (b) Provide a current satisfactory driving record to the employing school district on an annual basis.

     (c) Complete at least one thousand hours of behind the wheel teaching experience within the last five years.

     (d) Complete an eighty clock hour classroom instructor training course approved by the superintendent of public instruction.

     (e) Provide verification to the office of the superintendent of public instruction that the employing school district has determined that you comply with all of the requirements set forth in this chapter.

     (3) A behind the wheel or classroom conditional certificate is valid for two years or less. The superintendent of public instruction may reissue the conditional certificate if you provide verification that you continue to meet all requirements of this chapter, including having completed sixty hours of course work within the previous two years. However, for the purpose of reissue, the employing school district superintendent (or designee) may approve up to forty-eight of the sixty hours, including approving credit for professional development courses or traffic safety education related projects.

     (4) Conditional certificates are subject to suspension and revocation under the provisions of 180-79A WAC.

[Statutory Authority: RCW 28A.150.290. 06-08-043, § 392-153-021, filed 3/30/06, effective 4/30/06. Statutory Authority: Chapters 28A.220 and 46.82 RCW. 01-16-003, § 392-153-021, filed 7/18/01, effective 8/18/01.]

     (a) The minimum concepts to be taught, which are: Introduction to highway transportation system; preparing and controlling the vehicle; maneuvering in limited space; signs, signals, and pavement markings; vehicle characteristics; human functions used in driving; roadway variations; intersections, which shall include highway-rail grade crossings; management of time and space; lane changes; passing; nonmotorized traffic; internal factors affecting driving performance, which shall include emotional and behavior issues; physical factors affecting driving performance, which shall include seatbelt usage and its benefits; alcohol and drugs; vehicle maintenance; planning for travel; limited visibility; reduced traction; special driving conditions; vehicle malfunctioning; avoiding and minimizing impact; post-crash responsibilities; legal responsibilities; highway transportation system improvement; fuel conservation; and motorcycle awareness; and driving safely among bicyclists and pedestrians using materials approved by the director of the department of licensing.

     (b) The methods of instruction used by the teacher in presenting the material.

     (c) The student performance objectives and evaluation criteria.

     (d) The activities that will enable a student to accomplish the objectives (while allowing for individual differences) and the required level of competency for each objective.

     (e) Information on the fifty hours of adult guided practice and the driving restrictions required by the intermediate driver license.

     (f) A flow chart that indicates how the classroom and laboratory lessons are sequenced and integrated.

     (g) Classroom and laboratory lesson plans, including driving routes for laboratory experience.

     (2) Each traffic safety education course shall include comprehensive written and driving exams.

[Statutory Authority: RCW 28A.150.290. 06-08-043, § 392-153-032, filed 3/30/06, effective 4/30/06. Statutory Authority: Chapters 28A.220 and 46.82 RCW. 01-16-003, § 392-153-032, filed 7/18/01, effective 8/18/01. Statutory Authority: RCW 46.20.100(2), 28A.220.020 (2), (3), (4), and 28A.220.030(1). 96-24-044 (Order 96-18), § 392-153-032, filed 11/27/96, effective 12/28/96. Statutory Authority: RCW 28A.220.030. 92-20-061 (Order 92-10), § 392-153-032, filed 10/2/92, effective 11/2/92; 92-03-138 (Order 92-04), § 392-153-032, filed 1/22/92, effective 2/22/92. Statutory Authority: RCW 46.81.020. 80-09-027 (Order 80-24), § 392-153-032, filed 7/9/80; Order 6-77, § 392-153-032, filed 7/27/77, effective 9/11/77.]

© Washington State Code Reviser's Office