WSR 06-08-043

PERMANENT RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed March 30, 2006, 11:26 a.m. , effective April 30, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Revisions to this chapter were made in response to past session legislative changes regarding the traffic safety education regulations. References to OSPI oversight of commercial driving schools were eliminated. Language was changed to provide updated terminology and clarification. Teacher and instructor qualifications were modified to provide easier continuation of certification or endorsement. Greater flexibility for school districts was provided in the structure of TSE courses.

Citation of Existing Rules Affected by this Order: Repealing WAC 392-153-005, 392-153-015, 392-153-017, 392-153-022, 392-153-023, 392-153-024 and 392-153-045; and amending WAC 392-153-001, 392-153-010, 392-153-014, 392-153-020, 392-153-021, 392-153-025, 392-153-032, 392-153-035, and 392-153-040.

Statutory Authority for Adoption: RCW 28A.150.290.

Adopted under notice filed as WSR 06-03-121 on January 17, 2006.

Changes Other than Editing from Proposed to Adopted Version: Deleted phrase: WAC 392-153-010 Definitions, subsection (2)(c) No driver's license suspension, cancellation, revocation or denial within the preceding three years.

This change has the effect of extending the prohibition on suspension, cancellation, revocation or denial from the preceding three years to the preceding five years.

Added definition: WAC 392-153-010 Definitions, subsection (8) "Sequenced and integrated" means that the classroom treatment of driving concepts generally precede the laboratory practice of those concepts and that classroom instruction and laboratory experience are concurrently scheduled.

Added word: WAC 392-153-021 Conditional traffic safety education certificates -- Behind the wheel or classroom, subsection (1)(d) Have at least five years of licensed driving experience.

Provides clarification for acceptable driving experience.

Clarification and expansion: WAC 392-153-032 Curriculum guide and course requirements, subsection (1)(e) Information on models for the fifty hours of adult guided practice and the driving restrictions required by the intermediate driver license.

Provides clarification for the curriculum requirement for information on adult guided practice and expands the topic to include driving restrictions under the intermediate driver license law.

Added testing requirement: WAC 392-153-032 Curriculum guide and course requirements, subsection (2) Each traffic safety education course shall include comprehensive written and driving exams.

Returns the language to the current practice of requiring written and driving exams.

Amended language: WAC 392-153-035 Course scheduling requirements, subsection (3) The minimum course of instruction is thirty hours of classroom instruction, six four hours of driving experience and four hours of driving observation time.

Returns the language to the current minimum requirement of four hours driving experience.

Deleted number: WAC 392-153-035 Course scheduling requirements, subsection (4) Night driving ((experiences)) may be offered ((as part of the traffic safety education course: Provided, That (a))) provided a student has previously completed ((sufficient)) daytime driving experience, and (((b))) such night driving experience ((shall in no case)) does not exceed fifty percent of the student's total driving experience.

Removes the restriction on the maximum percentage of hours of night driving experience.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 4, Amended 9, Repealed 7.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 4, Amended 9, Repealed 7.

Number of Sections Adopted Using Negotiated Rule Making: New 4, Amended 9, Repealed 7; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: March 17, 2006.

Marty Daybell

for Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-8556.2


AMENDATORY SECTION(Amending WSR 01-16-003, filed 7/18/01, effective 8/18/01)

WAC 392-153-001   Authority and purpose.   RCW 28A.220.030 ((and 46.20.100)) authorizes the superintendent of public instruction to adopt rules and regulations governing the operation ((and scope of the)) of public and private school traffic safety education programs and to monitor the quality of the programs ((and carry out the purpose of this chapter regarding all public, commercial, and private traffic safety programs)) offered. This chapter specifies the requirements to obtain a traffic safety education endorsement or conditional certificate and the approval requirements for public and private school traffic safety education programs. The endorsement and conditional certificate requirements in this chapter are in addition to those specified in chapter 180-79A WAC.

[Statutory Authority: Chapters 28A.220 and 46.82 RCW. 01-16-003, 392-153-001, filed 7/18/01, effective 8/18/01.]


AMENDATORY SECTION(Amending WSR 01-16-003, filed 7/18/01, effective 8/18/01)

WAC 392-153-010   Definitions.   (1) A "traffic safety education course" ((means a course of instruction in traffic safety education approved by the superintendent of public instruction, and for commercial driving schools teaching students between fifteen and eighteen years of age, licensed and approved by the department of licensing, which shall)) consists of two phases: Classroom instruction and laboratory experience ((which shall be concurrent and integrated.

(2) "Classroom instruction" means that portion of a traffic safety education course, based in a classroom environment, which is characterized by student learning under the management of a qualified teacher or teachers. Such classroom instruction shall consist of not less than thirty hours of teacher contact time in a classroom setting and where direct instruction, or teacher-led activities, does not constitute less than fifty percent of the classroom instruction.

(3) "Laboratory experience" shall mean that portion of a traffic safety education course, covering motor vehicle operation under real or simulated conditions, characterized by student learning experiences arising from use of simulation equipment, an off-street multiple car driving range, and/or on-street driving experience in a dual controlled car under the direction of a teacher.

(4) A "qualified teacher of traffic safety education" shall mean an instructor certificated under the provisions of chapter 28A.410 RCW and certificated by the superintendent of public instruction to teach either the classroom phase or the laboratory phase of the traffic safety education course, or both, under regulations promulgated by the superintendent: Provided, That the laboratory phase of the traffic safety education course may be taught by instructors certificated under rules promulgated by the superintendent of public instruction, exclusive of any requirement that the instructor be certificated under the provisions of chapter 28A.410 RCW. Commercial instructors certificated under the provisions of chapter 46.82 RCW, and participating in this program, shall be subject to qualification requirements jointly adopted by the superintendent of public instruction and the director of)). Laboratory experience is primarily characterized by student on-street driving, but includes simulator and multiple car driving range experience.

(2) A "satisfactory driving record" means an official record from the Washington state department of licensing and/or the corresponding licensing jurisdiction of the teacher's state of residence for the previous five-year period showing all departmental actions and:

(a) Not more than one moving traffic violation within the preceding twelve months or more than two moving traffic violations in the preceding twenty-four months;

(b) No alcohol related traffic violation, conviction or infraction, including any deferred prosecution program resulting from such violation;

(c) No driver's license suspension, cancellation, revocation or denial.

(3) "School district" includes, for the purpose of this chapter, education service districts and private schools approved under chapter 180-90 WAC.

(4) A "completion certificate" is a document provided by the superintendent of public instruction that indicates successful completion of an approved school district traffic safety program and is used to verify such completion to the department of licensing.

(5) "Course work" means credits (((normally 100 level or above) awarded by a regionally accredited institution as defined in WAC 180-78A-010(6) or continuing education credit pursuant to chapter 180-85 WAC)) and/or a combination of credits and professional development approved by the superintendent of public instruction as traffic safety professional ((growth for the betterment of the teacher's instructional ability. Definition of "course work" shall apply when applying for conditional renewals and continuing education.

(6) "Certification of parent involvement" means where a parent, guardian, or employer has verified in writing to the department of licensing that the driver license applicant, under eighteen years of age (as of 7/1/2001) has had at least fifty hours of guided practice driving experience, ten of which were at night, during which the driver was supervised by a person at least twenty-one years of age who has had a valid driver's license for at least five years.

(7) "Implementation of guided practice" means the process which traffic safety personnel provides information on models for adult guided practice. This may include school policy on the requirement and delivery of guided practice.

(8))) development.

(6) "Curriculum guide" means a locally written curriculum, available to and used by each teacher in the traffic safety education program.

(7) "Clock hour" of course work or instruction is defined as not less than sixty minutes of student instruction time.

(((9) "Teacher trainer" is a person who has completed course work approved by the office of the superintendent of public instruction in teacher preparation for traffic safety education.)) (8) "Sequenced and integrated" means that the classroom treatment of driving concepts generally precedes the laboratory practice of those concepts and that classroom instruction and laboratory experience are concurrently scheduled.

[Statutory Authority: Chapters 28A.220 and 46.82 RCW. 01-16-003, 392-153-010, filed 7/18/01, effective 8/18/01. Statutory Authority: 1990 c 33. 90-16-002 (Order 18), 392-153-010, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 46.81.020. 80-09-027 (Order 80-24), 392-153-010, filed 7/9/80; Order 6-77, 392-153-010, filed 7/27/77, effective 9/11/77; Order 13-76, 392-153-010, filed 12/21/76; Order 7-75, 392-153-010, filed 12/22/75. Formerly WAC 392-50-010.]


AMENDATORY SECTION(Amending WSR 01-16-003, filed 7/18/01, effective 8/18/01)

WAC 392-153-014   ((State certificate of)) Program approval ((of traffic safety education programs)).   (((1))) School districts are required to apply annually to the superintendent of public instruction ((shall approve)) for approval of their traffic safety education program((s on an annual basis. Only programs meeting the requirements of this chapter shall be approved)). Only approved programs ((shall be)) are entitled to provide completion certificates ((for issuance)) to students ((under eighteen years of age for completing an approved traffic safety program.

(2) Upon an annual review for program approval, current traffic safety education programs and program applicants will receive notification of program approval status)). In order for a traffic safety education program to be approved, the school district must:

(1) Provide the name and contact information of the program administrator;

(2) Provide the names of all traffic safety education instructors; and

(3) Provide verification of compliance with the provisions of this chapter.

[Statutory Authority: Chapters 28A.220 and 46.82 RCW. 01-16-003, 392-153-014, filed 7/18/01, effective 8/18/01. Statutory Authority: RCW 28A.220.030. 92-03-138 (Order 92-04), 392-153-014, filed 1/22/92, effective 2/22/92.]


AMENDATORY SECTION(Amending WSR 01-16-003, filed 7/18/01, effective 8/18/01)

WAC 392-153-020   ((Teacher qualifications.)) Traffic safety education endorsement.   (1) If you are a teacher certificated under provisions of chapter 28A.410 RCW ((shall be eligible to be endorsed or receive a)), you can qualify for a traffic safety endorsement or letter of authorization issued by the superintendent of public instruction to teach the classroom or laboratory phases ((of the traffic safety education program if he/she possesses)) if you meet the following ((qualifications in addition to those required under chapter 28A.410 RCW)) requirements:

(a) Possess((es)) a valid Washington state driver's license (or a valid license issued by ((an adjacent)) another state provided ((the person is)) you are a legal resident of ((the adjacent)) that state ((and is employed by a Washington school district, commercial or private school))).

(b) Provide((s)) a ((complete record(s) or complete abstract,)) current satisfactory driving record to the employing school district ((or commercial or private school,)) on an annual basis ((from the Washington state department of licensing and/or other driver licensing jurisdiction for a five-year period showing:

(i) Not more than one moving traffic violation within the preceding 12 months or more than two moving traffic violations in the preceding 24 months;

(ii) No alcohol related traffic violation, conviction or infraction within the preceding five years;

(iii) No driver's license suspension, cancellation, revocation or denial within the preceding three years.

(c) Verification by the employing school district, private or commercial driving school that the applicant complies with all of the requirements for teaching traffic safety education as set forth in this chapter.

(d) Has completed 12)).

(c) Complete twelve quarter hours (((8)) or eight semester hours) of approved course work ((from a regionally accredited institution as defined in WAC 180-78A-010(6) and as approved by the office of the superintendent of public instruction.

(e) Possesses a valid traffic safety education endorsement issued by the superintendent of public instruction)).

(d) 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.

(2) ((Any person)) If you were endorsed by the superintendent of public instruction to teach traffic safety education in the state of Washington prior to May 27, 1969, and ((who possesses)) you possess a conditional certificate but ((does)) do not hold a valid teaching certificate ((required by WAC 392-153-010(4), shall)) under chapter 28A.410 RCW, you can continue to be qualified to teach both classroom and laboratory phase ((of traffic safety education in this state on the condition that he or she renew such conditional certificate on a two-year basis and maintain a satisfactory driving record as set forth above in WAC 392-153-020 (1)(a) and (1)(b). Such endorsed person must fulfill all requirements relating to continuing education)) provided you continue to meet all conditional certificate requirements.

(3) The course work requirement ((for certificated teachers endorsed in)) to maintain a traffic safety education ((shall be)) endorsement or letter of approval is forty clock hours every five years ((or equivalent college credit in traffic safety education)).

[Statutory Authority: Chapters 28A.220 and 46.82 RCW. 01-16-003, 392-153-020, 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), 392-153-020, filed 11/27/96, effective 12/28/96. Statutory Authority: 1990 c 33. 90-16-002 (Order 18), 392-153-020, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 46.81.020. 80-09-027 (Order 80-24), 392-153-020, filed 7/9/80; Order 5-77, 392-153-020, filed 7/27/77, effective 9/11/77; Order 13-76, 392-153-020, filed 12/21/76; Order 7-75, 392-153-020, filed 12/22/75. Formerly WAC 392-50-030.]


AMENDATORY SECTION(Amending WSR 01-16-003, filed 7/18/01, effective 8/18/01)

WAC 392-153-021   Conditional ((instructor qualifications)) traffic safety education certificates -- Behind the wheel or classroom.   (1) ((The behind-the-wheel conditional course is to be taught by a regionally accredited college as defined in WAC 180-78A-010(6), state approved teacher training program, or teacher trainer approved by the superintendent of public instruction.

(2) The laboratory phase of the traffic safety education course may be taught by a commercial instructor licensed by the department of licensing pursuant to chapter 46.82 RCW or an instructor who, although not certificated pursuant to chapter 28A.410 or 46.82 RCW, serves under the supervision of the Washington state school district traffic safety education program coordinator or his/her designee and who meets the following qualifications:

(a) Possesses a valid Washington state driver's license.

(b) Is at least twenty-one years of age.

(c) Has at least five years of driving experience.

(d) Holds a high school diploma or its equivalent.

(e) Provides a complete record(s) or complete abstract, to the employing school district, commercial, or private school, on an annual basis from the Washington state department of licensing and/or other driver licensing jurisdiction for a five-year period as set forth in WAC 392-153-020.

(f) Provides evidence of the following:

(i) Completion of at least sixty hours of course work as defined in WAC 392-153-010(5) in the field of driving instruction taught by a teacher-trainer as approved by the office of the superintendent of public instruction and the department of licensing;

(ii) Completion of behind-the-wheel supervised practice in instructing;

(iii) A request for a certificate from a school district or private school superintendent or designee, or from a commercial school owner approved by the office of the superintendent of public instruction that wishes to employ the instructor.

(g) Passes practical and knowledge examinations developed and administered by the department of licensing and required under provisions of chapter 46.82 RCW for commercial instructors.

(h) Provides evidence to an agent approved by the office of the superintendent of public instruction of the following instructional competencies:

(i) Uses teaching methods which allow for individual student driving abilities, reduces student anxieties, and involves backseat observers;

(ii) Communicates clearly, using appropriate technical vocabulary;

(iii) Establishes, utilizes and/or follows teaching lesson plans, selects routes for behind the wheel lessons and conducts student learning activities from simple to complex which correspond with the learner's mental, physical and emotional performance capabilities in coordination with classroom activities;

(iv) Maintains a position within the vehicle for awareness of the traffic environment and utilizes visual skills and physical control instruments to maintain safety and facilitate instruction;

(v) Applies uniform evaluation criteria in assessing needs and progress of students during and after each lesson and gives appropriate prescription for additional driving experience and/or parent guided practice.

(i) Persons desiring to teach in the simulator or on the multiple car driving range shall provide evidence of having completed an additional thirty hours of course work as defined by WAC 392-153-010(5) which includes supervised practice in instructing in each area as approved by the office of the superintendent of public instruction and the department of licensing: Provided, That a person who holds a valid certificate under the provisions of chapter 28A.410 RCW and meets the requirements for traffic safety certification set forth under WAC 392-153-020(1) who is employed as a conditionally certificated person shall not be required to meet any of the requirements set forth in WAC 392-153-020(3).

(3) The superintendent of public instruction may issue the conditional certificate to any person who completes all course work, and complies with chapter 180-79A WAC. An applicant must meet all the requirements set forth in WAC 392-153-020 (2) or (3) for certification as an instructor of the laboratory phase of traffic safety education and provide evidence to an agent approved by the office of the superintendent of public instruction of the following instructional competencies listed in WAC 392-153-020.

(4) The classroom conditional teacher-training course is to be taught by a regionally accredited college as defined in WAC 180-78A-010(6), state approved teacher training program, or teacher trainer approved by the superintendent of public instruction.

(5) Conditional certificates issued to teach the laboratory phase of traffic safety education under provisions of chapter 392-153 WAC shall be valid for two years or less and only for the activity specified. Reissuance of such certificates shall be subject to the following requirements:

(a) Verification of employment or intent to employ;

(b) Verification of a satisfactory driving record as outlined in WAC 392-153-020;

(c) Verification of having completed sixty clock hours of course work since the issuance of the most recent certificate as approved by the employing school district or employing driving school in accordance with WAC 392-153-010(5).

(6) The conditional certificate fee and requirements shall be in accordance with chapter 180-79A WAC.

(7) When no person with regular certification endorsed in traffic safety education is available as verified by the school district or education service district or commercial school, the classroom phase may be taught by an instructor licensed by the department of licensing and who holds or has held a conditional certificate from the superintendent of public instruction and meets the following qualifications:

(a) Possesses a valid Washington state driver's license.

(b) Is at least twenty-one years of age.

(c) Has at least five years of driving experience.

(d) Holds a high school diploma or its equivalent.

(e) Provides a complete record or records from the Washington state department of licensing and/or other driver licensing jurisdiction for a five-year period showing a satisfactory driving record as set forth in subsection (2)(e) of this section.

(f) Provides evidence of the following: Provides evidence to an agent approved by the office of the superintendent of public instruction of the following instructional competencies:

(i) Completion of at least 1,000 hours of behind-the-wheel teaching experience over a two-year period.

(ii) Completion of an eighty clock hours instructor training course is to be taught by a regionally accredited college as defined in WAC 180-78A-010(6), state approved teacher training program, or teacher trainer approved by the superintendent of public instruction.

(iii) The 80-hour instructor training course shall consist of not less than the following content areas: Teaching techniques, classroom management, use of technology and media, course content covering WAC 392-153-032, student evaluation, classroom teaching experience and writing lesson plans.

(iv) A recommendation for a classroom conditional certificate from the school district superintendent or designee, private school administrator or designee, or the commercial school owner.

(8) Certificates issued to teach the classroom phase of traffic safety education under provisions of chapter 392-153 WAC shall be valid for two years or less and only for the activity specified. Reissuing of such certificates shall be subject to the following requirements:

(a) Verification of employment or intent to employ.

(b) Verification of a satisfactory driving record.

(c) Verification of having completed 60 hours of course work since the issuance of the most recent certificate as approved by the employing school district or employing commercial driving school in accordance with WAC 392-153-010(5).)) 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 approved by the superintendent of public instruction that includes supervised practice in instructing and demonstration of instructional competencies. 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) 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: Chapters 28A.220 and 46.82 RCW. 01-16-003, 392-153-021, filed 7/18/01, effective 8/18/01.]


AMENDATORY SECTION(Amending WSR 01-16-003, filed 7/18/01, effective 8/18/01)

WAC 392-153-025   Traffic safety education vehicles.   ((All vehicles loaned by an automobile dealer shall comply with subsections (1), (2), (3) and (4) of this section. District-owned vehicles shall comply with subsections (1), (2) and (4) of this section only.

(1) Equipment. Every vehicle used in on-street instruction shall)) Every vehicle used in on-street traffic safety education instruction shall:

(1) Be equipped with a dual control brake, rear view mirror for the instructor, and seat belts for each occupant.

(2) ((Signing. Every vehicle used in on-street instruction shall have a sign where the lettering and background colors shall be of contrasting shades so as to be clearly readable at one hundred feet in clear daylight. The sign shall be readable from the rear with normal vision from a safe following distance. The sign shall designate the vehicle as a traffic safety education vehicle or a vehicle driven by a student driver. The sign shall have letter size not less than two inches high.)) Have a sign clearly readable from the rear at one hundred feet designating the vehicle is driven by a student driver.

(3) ((Use. A traffic safety education vehicle shall)) Be used exclusively for traffic safety education purposes while the course is in session, if the vehicle is on loan from an automobile dealer.

(4) ((Inspection. Every vehicle used in the public, commercial and private traffic safety education program shall)) Pass a safety inspection ((requirement pursuant to)) according to the requirements of WAC 392-143-070 ((and 392-153-025. Commercial and private programs, in lieu of chapter 46.32 RCW, shall use the superintendent of public instruction approved self-inspection form unless providing a contracted service for the laboratory phase to a public school. The approved self-inspection form shall be submitted annually to the superintendent of public instruction for each vehicle used for behind-the-wheel instruction and shall be on file at the commercial or private driving school)).

[Statutory Authority: Chapters 28A.220 and 46.82 RCW. 01-16-003, 392-153-025, 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), 392-153-025, filed 11/27/96, effective 12/28/96; Order 13-76, 392-153-025, filed 12/21/76; Order 7-75, 392-153-025, filed 12/22/75. Formerly WAC 392-50-040.]


AMENDATORY SECTION(Amending WSR 01-16-003, filed 7/18/01, effective 8/18/01)

WAC 392-153-032   ((Realistic level of effort.)) Curriculum guide and course requirements.   (1) Each school district((, private school, and commercial driving school shall have a locally written curriculum guide available to each teacher and such guide shall be used by each teacher in the traffic safety education program. A student shall not enroll in a traffic safety education class after classroom instruction has started. The exception is public school transferring students where there is a sufficient amount of time to complete traffic safety education instruction.

The student shall be taught at least the following program concepts: 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; management of time and space; lane changes; passing; nonmotorized traffic; internal factors affecting driving performance; physical factors affecting driving performance; 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. The guide)) curriculum guide shall ((also)) include:

(a) ((The performance objectives appropriate for the area of instruction.)) 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.

(b) The methods of instruction used by the teacher in presenting the material ((where direct instruction does not constitute less than fifty percent of the classroom instruction as approved by the superintendent of public instruction)).

(c) The student ((activities that will enable a student to accomplish the)) performance objectives and ((to the extent possible allow for individual differences)) evaluation criteria.

(d) ((The level of competency each student is to successfully complete for each objective.

(e) The evaluation criteria for the classroom and laboratory phase.)) 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) ((A student enrolled in a traffic safety education program must have a valid driver's permit issued before or within seven days after the start date of the traffic safety education classroom instruction. A student shall meet the objectives and competencies listed in the district, private and commercial driving school curriculum guide, as approved by the office of the superintendent of public instruction, as a condition of successful completion of the traffic safety education program. Effective January 31, 2003, all completing students must pass a comprehensive written and driving test as verified by providing results of achieving a criteria of not less than eighty percent accuracy rate. Comprehensive written exams must be approved or provided by the superintendent of public instruction.

For the purposes of school district reporting and state reimbursement a completing student means a person under twenty-one years of age at the time of enrollment who has enrolled in an approved course and has met one of the following criteria:

(a) Has completed all the program objectives as required by the school district and approved by the state superintendent of public instruction and has received a passing grade; or

(b) Has received a failing grade after attending more than fifty percent of the program's scheduled classes but achieved less than ninety percent of the program objectives; or

(c) Has officially withdrawn, dropped, or transferred after attending more than fifty percent of the program's scheduled classes.

(3) A student taking the course more than once because of a failing grade on the first and subsequent attempts may be counted as a completing student for each attempt.

The traffic safety education course including the classroom and the laboratory phase shall be provided for students in a time period not to exceed eighteen school weeks nor be less than eight school weeks in length equaling not less than fifty-six days during the school year: Provided, That public, private, and commercial driving schools offering a summer school course must deliver an approved program that shall not be less than five weeks in length and equaling not less than thirty-five days in length. A minimum course of instruction is defined as not less than thirty hours of contact time in a classroom setting with a certified teacher and not less than four hours of actual driving behind the wheel. Where simulation and/or off-street multiple car driving ranges are utilized, not less than three hours of actual driving behind the wheel per student shall occur. When simulation instruction is used, four hours of instruction equates to one hour of actual driving. When multiple car off-street driving ranges are used for instruction, two hours of instruction equates to one hour of actual driving. In addition, the traffic safety education course shall:

(a) Provide students with no more than two hours of classroom instruction and one hour of on-street instruction during any twenty-four hour period. Where simulation and/or off-street multiple car driving ranges are utilized, not more than one additional hour per student per day shall be allowed.

(b) Provide laboratory instruction only to students who are currently participating in classroom instruction.

(c) Provide a course where any break time given shall not be counted as classroom sessions or instruction.

(d) Provide a course where any missed classroom sessions shall be made up with assignments and instruction which pertain to the missed lesson(s) according to WAC 392-153-035(2) and does not exceed maximum duration of program.

(e) Provide a course where a student shall not enroll in a traffic safety education class after classroom instruction has started. The exception is public school transferring students where there is a sufficient amount of time for completion of traffic safety education instruction.

(f) Provide a program where driving time is verified by the school's driving routes, lesson plans and student record cards.

(g) Provide not less than four hours of behind-the-wheel observation time to all students enrolled in a traffic safety education class.)) Each traffic safety education course shall include comprehensive written and driving exams.

[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.]


NEW SECTION
WAC 392-153-033   Student requirements.   A student enrolled in a traffic safety education course must have a valid driver instruction permit issued before or within seven days after the start date of classroom instruction. A student shall meet the objectives and competencies listed in the curriculum guide prior to being issued a completion certificate.

[]


AMENDATORY SECTION(Amending WSR 01-16-003, filed 7/18/01, effective 8/18/01)

WAC 392-153-035   Course scheduling requirements.   (1) Any portion((s)) of a traffic safety education course may be taught after regular school hours or on Saturdays, as well as on regular school days or as a summer school course((, at the option of the school district.

(2) Classroom and laboratory instruction shall be offered concurrently. Classroom treatment of concepts, where applicable, shall be followed by laboratory treatment of those concepts before other concepts are introduced in the classroom portion of instruction in the traffic safety education course.

(3) Classroom and laboratory instruction shall be conducted during daylight hours: Provided, That such instruction may be extended to the hours of 8:00 p.m. during winter months even though darkness may occur prior to 8:00 p.m.: Provided further, That classroom instruction may be conducted at night for those students who are currently not enrolled in a high school but are otherwise eligible to attend or where the school district conducts one or more educational offerings at night for high school students.

(4) Night driving experiences may be offered as a part of the traffic safety education course: Provided, That (a) a student has previously completed sufficient daytime driving experience, and (b) such night driving experience shall in no case exceed fifty percent of the student's total driving experience.

On-street instruction shall be included in all programs.

(5) The traffic safety education course including the classroom and the laboratory phase shall be provided for students in a time period not to exceed eighteen school weeks nor be less than eight school weeks in length equaling not less than fifty-six days during the school year: Provided, That public school summer school course offerings, private and commercial driving schools offering an approved program shall not be less than five weeks in length and equaling not less than thirty-five days in length. A minimum course of instruction is defined as not less than thirty hours of contact time in a classroom setting with a certified teacher and not less than four hours of actual driving behind the wheel. Where simulation and/or off-street multiple car driving ranges are utilized, not less than three hours of actual driving behind the wheel per student shall occur. When simulation instruction is used, four hours of instruction equates to one hour of actual driving. When multiple car off-street driving ranges are used for instruction, two hours of instruction equates to one hour of actual driving. In addition, the traffic safety education course shall:

(a) Provide students with no more than two hours of classroom instruction and one hour of on-street instruction during any twenty-four hour period. Where simulation and/or off-street multiple car driving ranges are utilized, not more than one additional hour per student per day shall be allowed.

(b) Provide laboratory instruction only to students who are currently participating in classroom instruction.

(c) Provide a course where any break time given shall not be counted as classroom sessions or instruction during a thirty-hour minimum classroom course offering.

(d) Provide a course where any missed classroom sessions shall be made up with assignments and instruction which pertain to the missed lesson(s) according to WAC 392-153-035(2) and does not exceed maximum duration of program.

(e) Provide a course where a student shall not enroll in a traffic safety education class after classroom instruction has started. The exception is public school transferring students where there is a sufficient amount of time for completion of traffic safety education instruction.

(f) Provide a program where driving time is verified by the school's driving routes and lesson plans.

(g) Provide not less than four hours of behind-the-wheel observation time to all students enrolled in a traffic safety education class)).

(2) Students shall not have more than two hours of classroom and one hour laboratory instruction in any twenty-four hour period. Where simulation and/or off-street multiple car driving ranges are utilized, up to one additional hour per day is allowed.

(3) The minimum course of instruction is thirty hours of classroom instruction, four hours of driving experience and four hours of driving observation time. Break time shall not be included in clock hours. Four hours of simulation instruction may be substituted for up to one hour driving experience. Two hours of multiple car off-street driving range time may be substituted for up to one hour of driving experience.

[Statutory Authority: Chapters 28A.220 and 46.82 RCW. 01-16-003, 392-153-035, filed 7/18/01, effective 8/18/01. Statutory Authority: RCW 46.81.020. 80-09-027 (Order 80-24), 392-153-035, filed 7/9/80; Order 13-76, 392-153-035, filed 12/21/76; Order 7-75, 392-153-035, filed 12/22/75. Formerly WAC 392-50-060.]


AMENDATORY SECTION(Amending WSR 01-16-003, filed 7/18/01, effective 8/18/01)

WAC 392-153-040   Administration.   (((1) Each school district, private, or commercial driving school shall appoint a supervisor, coordinator, master teacher or other person to be in charge of the district's, private, or commercial driving school's traffic safety education program. The person appointed pursuant to this section shall be responsible for ensuring that the requirements of this chapter governing the operation of an approved traffic safety education course are adequately maintained on a continuing basis.

(2) Each school district, private, or commercial driving school shall adopt a written policy including, but not limited to,)) Each school district offering an approved traffic safety education program shall:

(1) Appoint a person to be responsible for ensuring the program's continuing compliance with the requirements of this chapter.

(2) Adopt written policies including enrollment criteria, student fees, student fee refunds, failures, repeats, and ((for public schools written policies of)) access for part-time and home-based students.

(3) ((Each school district, private, or commercial driving school shall)) Maintain individual student records ((on forms provided by the superintendent of public instruction or an equivalent form approved by the superintendent of public instruction)) which include((s)) the student's progress, time ((involvement)) of instruction and evaluation results.

Records shall also include attendance information ((pertaining to attendance, classroom and behind-the-wheel,)) and the starting and ending dates for each course conducted within the program. ((Time of instruction shall be included on student records. Records shall also include, for commercial and private traffic safety education programs, the office of the superintendent of public instruction teacher and instructor certificates which shall be posted in a conspicuous place at the location where instruction takes place. Registration of public school traffic safety education teacher and instructor certificates shall be referred to chapter 28A.410 RCW.

(4) Each school district shall maintain accurate cost records as required by F-196, Part II, as now or hereafter amended and such further information and records as may be required by The Accounting Manual for Public School Districts of the State of Washington.

(5) Every school district, private, or commercial driving school is to submit in writing all reportable traffic safety education motor vehicle collisions and injury and fatality collisions to the superintendent of public instruction within forty-eight hours of occurrence.)) (4) Ensure that any activity provided under a contract with a commercial driving school meets all the requirements of a public school program.

(5) Notify the superintendent of public instruction, in accordance with the provisions of chapter 180-79A WAC, of any instructor no longer meeting the requirements of WAC 392-153-010(2).

[Statutory Authority: Chapters 28A.220 and 46.82 RCW. 01-16-003, 392-153-040, filed 7/18/01, effective 8/18/01. Statutory Authority: RCW 46.81.020. 80-09-027 (Order 80-24), 392-153-040, filed 7/9/80; Order 6-77, 392-153-040, filed 7/27/77, effective 9/10/77; Order 13-76, 392-153-040, filed 12/21/76; Order 7-75, 392-153-040, filed 12/22/75. Formerly WAC 392-50-070.]


NEW SECTION
WAC 392-153-050   Discipline -- Grounds for denial, reprimand, suspension, or revocation of program approval.   A request for program approval may be denied or a program approval issued under this chapter may be suspended or revoked for failure to meet any of the minimum requirements set forth in this chapter.

[]


NEW SECTION
WAC 392-153-060   Discipline -- Emergency suspension.   If the superintendent of public instruction finds that public health, safety, or welfare of students, instructors, teachers, or the general public is threatened or compromised and requires an emergency action, and incorporates a finding to that effect in its order, emergency suspension of the program approval may be ordered pending proceedings for revocation or other action. In all cases in this section, the superintendent of public instruction shall expedite all due process actions.

[]


NEW SECTION
WAC 392-153-070   Discipline -- Appeals -- Adjudicative proceedings.   Any school district may appeal a decision by the superintendent of public instruction to deny, suspend, or revoke a traffic safety education program approval, using the adjudicative proceedings in RCW 34.05.413 through 34.05.494 and the administrative practices and procedures in chapter 392-101 WAC.

[]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 392-153-005 Purposes.
WAC 392-153-015 State reimbursement to school districts.
WAC 392-153-017 Reporting.
WAC 392-153-022 Discipline -- Grounds for denial, reprimand, suspension, or revocation of certification endorsement or program approval.
WAC 392-153-023 Discipline -- Emergency suspension.
WAC 392-153-024 Discipline -- Appeals -- Adjudicative proceedings.
WAC 392-153-045 Burden and standard of proof.

Washington State Code Reviser's Office