DEPARTMENT OF LICENSING

The definitions of this section apply throughout this chapter unless the context clearly requires otherwise:

(1) "Behind the wheel instruction" means that portion of a traffic safety education course that consists of on-street, dual-controlled vehicle operation or similar instruction given under simulated conditions that has been approved by the director.

(2) "Branch office" or "branch classroom" means a facility within a thirty-five mile radius of a driver training school's established place of business, except where the thirty-five mile radius requirement has been waived or extended by the department as provided by RCW 46.82.360 (6)(c), that has been approved by the department for use by the driver training school.

(3) "Continuing professional development" or "continuing education" means education or training intended to maintain and improve a driver training school instructor's practice and instruction of driver training. This includes any department approved course that benefits the driving instructor in the driving school environment.

(4) "Engage in a course of instruction" means to enroll in, schedule, collect a fee for, or sign an application for an instruction permit in order to attend or take part in a driver training education course.

(((4))) (5) "Inactive instructor" means an instructor with a valid Washington instructor's license who is no longer employed by or otherwise associated with a licensed driver training school.

(((5))) (6) "Instructor-trainer" means a currently licensed instructor who is training traffic safety education instructors and who has not less than:

(a) One thousand hours of experience in providing traffic safety education in the past year;

(b) Five years of previous experience in providing traffic safety education; or

(c) One thousand hours or five years experience in the field of traffic safety and proof of training acceptable to the director in how to teach and train others, and not less than three hundred hours of previous experience in training others.

(((6))) (7) "Records" means all documents, papers and reports required to own a driver training school((,)) including, but not limited to:

(a) Vehicle registration, title, insurance policy, and maintenance information;

(b) Business financial documents, such as franchise agreements, corporate documents, bank records, partnership agreements, lease agreements, and purchase and sale agreements; ((and))

(c) Student classroom and behind-the-wheel instruction reports; and

(d) Course comprehensive exam score sheets, policies, and attendance reports.

(((7))) (8) "Student" means any person enrolled in an approved driver training education course ((who is)). A student may enroll at any age; however the student must be at least fifteen years of age on or before the first day of class of the driver's education course.

(10) "Fingerprint card" means a set of fingerprints, obtained through a manual or electronic process, by an approved vendor or agency, for the purpose of conducting a background check.

The following fees shall be charged by the driver services division, department of licensing:

An instructor, owner, or other person affiliated with a school who ((has)) have unsupervised contact with students must complete a background check through the Washington state patrol criminal identification system and through the federal bureau of investigation, including a fingerprint check through the process identified by the department, as required by RCW 46.82.325(1).

(1) An applicant for an instructor's license must complete the check at the time of initial application or, for a currently licensed instructor who has not completed such check within the past five years, at the time of the next application for a license renewal.

(2) An owner must complete the check at the time of initial application for a driver training school license or, for an owner of a currently licensed school who has not completed such check within the past five years, at the time of the next application for a license renewal.

(3) A person affiliated with a school who ((has)) have unsupervised contact with students must complete the check at the time of initial affiliation with the school or, for a person who is currently affiliated with a school who has not completed such check within the past five years, within the sixty-days prior to the next application for a license renewal for the school. A person who must complete the check under this subsection at the time of initial affiliation with a school may begin duties following the department's notice that it has received an acceptable local criminal background check through the Washington state patrol criminal identification system, pending the acceptable outcome of the fingerprint check using the fingerprint card.

(4) For the purpose of chapter 46.82 RCW, a person affiliated with a school is considered to be a person directly or indirectly interested in the driver training school's business.

(1) To ensure that an applicant or instructor meets the conditions set out in RCW 46.82.330 (2)(a), the department shall review the complete abstract of driving record and the background checks for all ((instructor's)) new and renewal instructor license applicants ((and licensed instructors)). For this purpose:

(a) A moving traffic violation is an offense listed as a moving violation in WAC 308-104-160. The department will determine the number of moving traffic violations received by an applicant within a given time period based on the date(s) that the violation(s) occurred.

(b) A drug or alcohol-related traffic violation or a drug or alcohol related incident will be deemed to have occurred if it resulted in:

(i) A conviction ((or)), finding, or deferred prosecution that a traffic infraction was committed for violation of RCW 46.61.502, 46.61.503, 46.61.504, 46.61.519, 46.61.5195, 46.61.520 (1)(a), 46.61.522 (1)(b), ((or)) 46.61.5249, or 66.44.270 or a substantially similar law, administrative regulation, local law, ordinance, regulation, or resolution of a political subdivision of this state, the federal government, or any other state;

(ii) An administrative action imposed under RCW 46.20.3101;

(iii) An administrative action imposed under RCW 46.25.090 (1)(a), (b), or (e); or

(iv) Entry into a deferred prosecution agreement for an alcohol-dependency based case.

(2) The applicant for an instructor's license ((applicant)) must submit satisfactory evidence of completion of a course of instruction as approved by the director in the training of drivers at the time of initial application.

(3) ((For instructor's licenses that expire on or after July 1, 2007,)) Each application for renewal of an instructor's license must be accompanied by proof of no less than ((eight)) sixteen hours of continuing professional development as approved by the director.

(4) Application for initial or renewal of an instructor's license is not complete until the applicant passes any examination requirement for licensure under RCW 46.82.320(1) or 46.82.330 (2)(e).

(1) The course of instruction approved by the director in the training of drivers required under RCW 46.82.330 (2)(d) shall include instruction in driver education classroom methods and principles that prepare an instructor to provide traffic safety education as described in these rules and in state law.

(2) To ensure the quality of the training given, the instruction course must:

(a) Be provided by, and under the direct supervision of:

(i) An institution of higher learning accredited by the Northwest Association of Schools and Colleges or by an accrediting association recognized by the higher education board;

(ii) A licensed private vocational school as that term is defined by RCW 28C.10.020(7); or

(iii) An instructor-trainer.

(b) Be not less than one hundred hours in total length and consist of:

(i) Not less than forty hours of instruction in behind the wheel teaching methods;

(ii) Not less than twenty hours of supervised practice in behind the wheel teaching of driving techniques;

(iii) Not less than forty hours total of instruction that includes all of the following areas:

(A) Education and special education;

(B) Driver education teacher, instructor, or trainer skills training;

(C) Classroom teaching techniques;

(D) Communication skills;

(E) Teaching the concepts of driving and traffic safety to others;

(F) Educational methods, theories and concepts in teaching a driver education course, and knowledge of all aspects of the driving task;

(G) Developing instructional materials and activities that aid student learning and performance;

(H) Defining and describing the nature of the driving task on public highways;

(I) Establishing and maintaining classroom organization;

(J) Managing enrollment, student scheduling, student records, and required reports; and

(K) Planning a course of student instruction with outlines, lesson plans, and student performance evaluation tools.

(3) ((The department must approve an instructor training course curriculum before use by an instructor-trainer.)) Instructor training curriculum must meet all department standards of delivery, content requirements, and must be approved by the department prior to use. A copy of the curriculum showing department approval and last revision date must be kept with the school's records.

(4) Any revision to an approved instructor training course curriculum used by an instructor-trainer must be submitted for review and ((approval)) approved by the department ((no less than thirty days)) prior to its use.

(5) Training logs must be submitted to the department with the instructor application and include: Instructor trainee signature, instructor-trainer signature, dates and times of each training session, start and stop times of training sessions.

(6) The department may consider other instructional methods, instruction providers, or academic instruction in lieu of those listed in subsection (2) of this section.

(((6))) (7) The department may monitor instructor education courses at any time to ensure that the instructor training requirements of this section are being satisfied.

(1) The place of business of a driver training school must:

(a) Not be established nor any business of a driver training school conducted or solicited within one thousand feet of an office building owned or leased by the department of licensing ((in which examinations for driver's licenses are conducted. The distance of one thousand feet shall be measured along the public streets by the nearest route from the place of business to such building. If the department establishes an office in which examinations for driver's licenses are conducted within one thousand feet of a driver training school's existing location, the driver training school may continue operations in such location until there is a change in school ownership, or the license to operate is not renewed or is suspended or revoked for cause)) which are designated examination locations.

(b) Be regularly occupied and used exclusively for the business of giving driver instruction, except for purposes of administering examinations as may be permitted under chapter 308-110 WAC. Regularly occupied means that the public and the department can expect to make contact with the school owner or its staff or instructors at the main office during its business hours; ((and))

(c) Meet all applicable requirements of chapter 46.82 RCW;

(d) Display an exterior sign with the business name, nature of the business, and hours of operation at the place of business, and on the classroom door or wall during training sessions at secondary locations. Public schools and locations such as a community center are exempt from this requirement.

(2) A driver training school's classroom space must:

(a) Provide sufficient seating and table or desk space for all students enrolled in each class;

(b) Be properly equipped with all other equipment necessary for student training and instruction purposes; and

(c) Be separated from the business office by using walls, partitions, or alternate scheduling when a school must use one space for both activities.

(1) All ((vehicles)) licensed driver training schools must have a department approved vehicle(s), and the vehicle(s) used for student instruction by a commercial driver training school shall:

(a) Carry a minimum twenty-piece approved first-aid kit, fire extinguisher safely secured in the vehicle and fully charged, and an operational emergency strobe light, two reflective twelve inch or larger triangles, or two eighteen-inch traffic cones;

(b) Maintain an annual vehicle inspection form meeting minimum equipment and safety criteria established by the department that has been conducted by or for the school owner; ((and))

(c) ((Be used exclusively for driver training purposes at all times when student instruction is being given)) Schools must exclusively use an approved behind the wheel instruction vehicle any time an instructor is providing behind the wheel instruction, coaching and/or otherwise mentoring an unlicensed driver; and

(d) Not be put into service until inspected and approved by the department.

(2) Records of all ((traffic safety education)) behind the wheel instruction vehicles used by a commercial driver training school shall:

(a) Be maintained at the school's primary place of business; and

(b) Include the original insurance policy or policies covering the vehicles and copies of the current vehicle registrations and annual vehicle safety inspection report.

(1) The driver training school's license and ((all)) instructor ((certificates)) licenses shall be posted in a conspicuous place at the location where instruction takes place. The school license must be posted before engaging students in a course of instruction.

(2) Each driver training school shall adopt and provide for its customers a written policy that includes, but is not limited to:

(a) Enrollment criteria;

(b) Student fees and student fee refunds;

(c) Course failures and course repeats;

(d) ((The)) Minimum and maximum course duration;

(e) Refusing to allow a student to attend a driver training education course ((before the age of fifteen years)) that is not fifteen years of age on or before the first day of class of the course;

(f) Refusing to enroll new students in a driver education course after the first three classes have been completed; and

(g) Information about Washington's intermediate driver licensing requirements, restrictions, and penalties and a place for parents to ((initial indicating)) acknowledge that they have received the information.

(3) Driver training school owners and instructors shall maintain individual student records on forms provided by the department or on substantially similar forms that have been approved by the department. School records must include an approved copy of student record forms showing the department approval date and approval acknowledgment. Failure to obtain department approval on forms prior to their use will be considered a violation of this rule. Student records shall document for each student:

(a) Course attendance, starting, and ending dates;

(b) The dates ((and)), times, and locations for each session of classroom and behind the wheel instruction;

(c) Classroom and behind the wheel progress and time involvement or flowchart;

(d) Classroom and behind the wheel performance evaluation results;

(e) The ((name)) license number and signature of the instructor who provided each session of classroom and behind the wheel instruction as well as the student signature; and

(f) That both the student and parent received intermediate license requirements, restriction, and penalty information.

(4) Student records must be maintained by a driver training school for three years from the date instruction has ended.

(5) Driver training school records that must be maintained by a driver training school for three years((,)) include, but are not limited to:

(a) The school's written curriculum guide;

(b) Insurance policies;

(c) Collision or injury reports;

(d) Traffic safety education vehicle registration records; and

(e) Records of any traffic violations committed by an instructor employed by the school.

(6) Upon the sale or other transfer of a school by its owner, the school and student records shall be transferred to the new owner and become the property and responsibility of the new owner.

(7) The ((driving)) driver training school owner must notify the department ((within thirty days of closing the school and submit all unused traffic safety certificates and student course completion reports to the department.

(8))) no less than thirty days prior to the closing of a main location using the proper department issued form, and prior to closing:

(8) Class size must not exceed ((city)) local fire code requirements for the classroom.

(9) Traffic safety education classroom hours shall not overlap between two or more classes.

(10) Failure to renew a school license before it expires will put all related branch office or branch classroom licenses into an inactive status.

(11) Student records are subject to department audit and inspection anytime after ninety days of the school's initial licensing, or as soon as practicable for the department.

(12) Branch ((office or classroom)) school locations must display an official license issued by the department in a conspicuous place. If the branch school location is in a high school or community center location, the licenses, curriculum, and policies may be kept in a binder that is clearly identified as containing these items, and is readily available on the premises for the public to view.

(1) The department may require that a driver training school owner submit to an inspection or review of the school's operations and records at any time during regular business hours.

(2) Records shall be housed and immediately available for inspection at a driver training school's primary place of business. Branch ((office)) school records may be housed at the primary place of business, however, such records must be made available for inspection at the branch location within twenty-four hours following a request for review by the department.

All driver training school owners shall:

(1) Report to the department within ten days any driving or traffic-related incidents involving an instructor ((employed by the school,)) including, but not limited to:

(a) Conviction for a traffic violation;

(b) Finding that a traffic infraction has been committed;

(c) Entry into a deferred prosecution agreement; or

(d) Suspension, revocation, cancellation, or denial of driving privileges.

(2) Report to the department within ((twenty-four hours)) one business day following any ((traffic safety education)) occurrence of a behind the wheel instruction vehicle involved in a traffic collision for which an accident report must be or has been made under the provisions of RCW 46.52.030. Prior to the return to service of any ((traffic safety education)) behind the wheel instruction vehicle that has been involved in a collision, the school owner must forward a vehicle inspection report to the department.

(3) ((Forward to the department by the seventh day of each month, a report of student enrollment in traffic safety education courses provided by the school, including)) Maintain a roster of students for each course conducted in their school records for audit purposes which shall include, but is not limited to:

(a) The start date and end date of any courses provided by the school ((that are initiated during the reporting period)), including the total number of students enrolled in each course;

(b) The names and certificate numbers of all instructors providing classroom and/or behind the wheel instruction for each course; and

(c) The names and instruction permit or driver's license numbers or dates of birth of all students enrolled in each course((, along with the identifying number of the traffic safety education certificate reserved for each student for issuance upon successful completion of the course)).

(4) Not less than annually, have completed and have on file at the main school location a vehicle inspection report as required under WAC 308-108-110 (1)(b) for all traffic safety education vehicles in use by the school.

(5) Report to the department within ten days any ((new)) vehicles used by the school for instructional purposes ((or any vehicles)) that are taken out of service.

A driver training school may offer classroom and behind the wheel instruction to students throughout the year. In order to be approved by the director, a curriculum schedule must satisfy or ((include)) meet all of the following requirements:

(1) Classroom and behind the wheel instruction that is complementary. This means that classroom instruction is integrated in a timely manner with behind the wheel instruction;

(2) ((Having)) For students under age eighteen ((complete no)):

(a) Students may not attend more than two hours of classroom instruction during any single day, except for make-up classes which shall be no more than two additional hours of class;

(b) Make-up classes shall not ((to)) exceed three total ((make-up classes)) during the traffic safety education course((, and no));

(c) Students may not receive more than one hour of behind the wheel instruction during any single day((;)).

(3) For students under the age of eighteen to meet the traffic safety education requirement of RCW 46.20.100, instruction that:

(a) Includes not less than thirty hours of classroom instruction((;)) including, but not limited to, the following classroom topics related to fatal collisions and serious injury:

(b) Meets the behind the wheel instruction and observation requirements of WAC 308-108-160;

(c) Consists of at least one hour minimum and no more than two hours maximum of class session during a single day, except when adding a make-up class as provided in subsection (2) of this section, in which case classroom instruction must not exceed four hours in a single day;

(d) With the exception of make-up lessons, ensures that all students in a classroom session must be on the same lesson. Open enrollment or self-paced instruction is not permitted; and

(e) Ensures that each traffic safety education classroom course is at least fifty-percent instructor-led verbal instruction consisting of:

(i) In-person training;

(ii) Teacher and student interaction; and

(iii) Questions and answers((;)).

(4) Classroom and behind the wheel instruction in a course that is scheduled for not less than thirty days in which course lessons must be in contiguous weeks((;)):

(5) Students may not ((enroll in)) start a traffic safety education course after the third class session of any given course;

(6) All make-up assignments and instruction must be equivalent to the instruction given during the missed sessions, and documented as make-up lessons in the student records;

(7) Distributing to students instructional material developed by the department and the federally designated organ procurement organization for Washington state relating to organ and tissue donation awareness education; and

(8) Review and approval of the local school curriculum by the department as part of the initial application process for a school license, or at any time the school alters their curriculum. To help ensure that minimum standards of instruction are met, the local school curriculum must be approved before use and include, but is not limited to, the following:

(a) Comprehensive elements of classroom and behind the wheel instruction as defined by the department;

(b) Comprehensive written and behind the wheel examinations, to include:

(i) Written examinations as submitted to and approved by the department; and

(ii) Behind the wheel examination criteria as approved by the department((;)).

(c) A flow chart that indicates how the classroom and behind the wheel instruction are integrated;

(d) Information on the state of Washington's intermediate license requirements, restrictions, violations, and sanctions for violation of these requirements; and

(e) A designated time for a parent, guardian, or employer night that is no less than one hour, which may be a part of the thirty hours of required ((for student)) training for a student as long as the parent night does not exceed one hour, and must include:

(i) Instruction on the parent, guardian, or employer responsibilities and the importance of parent, guardian, or employer involvement with the teen driver;

(ii) Information on intermediate license laws, restrictions, and sanctions;

(iii) An introduction to the parent guide to teen driving; and

(iv) A questions and answers period.

(1) Instruction provided to students under the age of eighteen must include:

(a) Behind the wheel instruction consisting of:

(i) Not less than six hours of on-street behind the wheel vehicle operation under the direct supervision and direction of a licensed instructor; or

(ii) Five or more hours of on-street behind the wheel vehicle operation and four or more hours of driving simulation instruction under the direct supervision and direction of a licensed instructor; and

(b) One or more hours of additional in-vehicle driver observation.

(2) Behind the wheel instruction must be documented on a form provided or approved by the department, including the time the instruction was conducted, the signature of the instructor, and initials of the student.

(1) Driving school instructors, students, and any vehicle passengers, must not use wireless communication devices, hands-free or otherwise, ((that distract from or interfere with the behind the wheel or classroom instruction task)) during any form of behind the wheel instruction is being performed. This includes the use of any communications devices that result in verbal or written text responses while conducting or receiving instruction((. While supervising the operation of a vehicle, instructors are additionally prohibited from sending or receiving messages with these devices)) by the instructor or student. Ring volumes for these devices, or any phone in proximity, are to be silenced or set to vibrate so as not to interfere in any way with the student learning or interacting with the instructor.

(2) This section does not apply to voice activated GPS devices, devices to enter scoring data, or classroom devices that are being used as part of an approved curriculum. This section also does not preclude the use of devices to report illegal activity, summon medical or other emergency help, or prevent injury to a person or property, as permitted under RCW 46.61.667.

(3) An unreasonable risk associated with a failure to obey this section is a violation of RCW 18.235.130(4).

(1) Each driver training school must have a written curriculum guide available to each instructor and such guide shall be used for student instruction.

(2) In order to ((receive)) satisfactorily complete a traffic safety education ((certificate)) course, all students under the age of eighteen must satisfactorily complete all portions of the course of instruction included in the student curriculum ((as approved by the driver instructors' advisory committee)).

(3) In order to satisfactorily complete a school's driver training course, all students under the age of eighteen must pass a comprehensive driving knowledge and skills ((test or tests)) examination or examinations that deal((s)) with all or many of the relevant details of the course curriculum that meets the standards established by the department.

(4) Each driver training school must assess the needs and progress of students and give appropriate ((direction for additional driving experience and/or parent guided practice)) feedback to the legal parent or guardian to aid with guided parental practice. The school must document how this feedback was communicated to the legal parent or guardian for audit purposes.

(1) Licensee responsibilities:

(a) School owners and instructors are responsible for knowing and complying with the requirements of chapter 46.82 RCW and rules promulgated under that chapter.

(b) Any failure to comply with these requirements or acts of misconduct may lead to disciplinary action affecting an applicant's or licensee's privileges to be licensed, endorsed, certificated or to otherwise operate a commercial driver training school and/or to provide classroom and behind the wheel instruction.

(2) The original or a facsimile of each final order imposing disciplinary action that is issued to a driver training school or any of its instructors by the department shall be conspicuously displayed immediately adjacent to the driver training school's license. The final order shall be displayed for not less than the duration of the sanction period plus the next sixty days or for one year, whichever is less.

(1) Any course provider or developer, driver training school license or instructor license applicant or holder, may submit a course to the department for consideration and approval for purposes of satisfying the continuing education requirement of WAC 308-108-080.

(2) Approval by the department is required before a course can be offered to instructors for fulfilling the continuing education requirement of WAC 308-108-080.

(3) Each request for approval of a course must be submitted to the department on an application form provided by the department.

(4) The director or designee shall approve, disapprove, or conditionally approve complete applications within thirty days of receipt of the application.

(5) Upon approval, disapproval or conditional approval, the applicant will be so advised in writing by the department. Notification of disapproval shall include the reasons for disapproval.

(6) Changes in the course curriculum, content, scope, or duration requires a new application and approval of the revised course, prior to use.

(7) The department at its discretion may choose to review and audit approved courses for compliance with the requirements of this chapter.

(1) An application for approval of a continuing professional development course must include a complete description of the course content. The description shall identify learning objectives and summarize how these are related to the practice of driver training that benefits the driving instructor in the driving school environment.

(2) In order to obtain approval by the department, complete course approval applications must be submitted at least thirty days prior to the date of course instruction. Course approval applications submitted without advance approval by the department are not assured of approval.

(3) Course approval shall expire four years after the effective date of approval.

Continuing professional development courses must meet the following requirements to be eligible for approval by the director:

(1) Be offered by:

(a) A public or private entity approved by the director;

(b) A public technical or community college or other institution of higher learning; or

(c) The department of licensing.

(2) Have a minimum of one clock-hour of course work or instruction for the student. A clock-hour is a period of no less than fifty minutes of actual instruction.

(3) Provide useful information related to the practice and instruction techniques of driver training.

(4) Be under the supervision of an instructor-trainer or person otherwise approved by the director, who is qualified to teach the material and who shall, at a minimum, be available to respond to student questions.

(5) Confirm student completion of the course by providing a certificate of completion signed by instructor-trainer or other person as approved by the director.

Approved continuing education courses shall be evaluated by the director on an hour-for-hour basis for continuing professional development requirements.

A topic area expert(s) may be utilized as a guest lecturer to assist an approved instructor to teach an approved continuing professional development course. The approved instructor is responsible for supervision of the approved course. Guest lecturer(s) shall not be used to circumvent the requirements for instructor approval listed in this chapter. Guest lecturers shall be limited to no more than fifteen minutes per clock hour. Guest lecturers can only be used when the approved instructor is present.

A continuing professional development course approval may be denied or withdrawn if the course provider or developer or driver training school instructor license applicant or holder:

(1) Submits a course approval application or any other information required to be submitted to the department that is false, incomplete, or deliberately misleading;

(2) Has had a professional license issued by Washington state that has been revoked, suspended or denied;

(3) Fails to meet the requirements of this chapter; or

(4) Has been otherwise determined not eligible to deliver continuing education to driver training instructor license applicants.

The department shall have the authority, on its own motion or upon complaint made to it, to investigate any approved course or application for course approval to determine compliance with chapter 46.82 RCW and with the rules of this chapter.

As used in this chapter, unless the context requires otherwise, the term:

(1) "Agreement" or "contract" means a written agreement entered into between the department and a school for the purposes of RCW 46.82.450.

(2) "Applicant" means a person taking an examination administered by ((an)) a department-approved examiner to qualify for a Washington driver's license.

(3) "Certified examiner" means a driver training instructor licensed under chapter 46.82 RCW, or a teacher certificated under the provisions of chapter 28A.410 RCW, to teach driver's education, who has been trained and certified by a master examiner and endorsed by the department as meeting the qualifications, education, and training standards for administering knowledge and skills examinations.

(5) "Examinations" means the tests that meet the department's criteria to assess an applicant's knowledge and skills to operate a motor vehicle.

(5))) (6) "Knowledge ((test)) examination" means ((a)) an examination, delivered by a department endorsed examiner, written or electronically delivered ((test that)) in order to measure((s the)) an applicant's knowledge of traffic laws and ability to safely operate a motor vehicle.

(((6))) (7) "Master examiner" means a driver training instructor licensed under chapter 46.82 RCW, or a teacher certificated under the provisions of chapter 28A.410 RCW, to teach driver's education, who has been trained and certified by a department technical specialist or master examiner auditor and endorsed by the department as meeting the qualifications, education, and training standards for training and certifying instructors in the delivery of knowledge and skills examinations.

(8) "School" means a driver training school licensed under chapter 46.82 RCW.

(((7))) (9) "Skills ((test)) examination" means a ((demonstration of behind-the-wheel driving)) behind the wheel examination, delivered by a department endorsed certified examiner or master examiner, that measures the applicant's ability to safely operate a motor vehicle on the roadways without endangering the public or property.

The department may enter into an agreement to conduct examinations with a main school location that:

(1) Is currently licensed under chapter 46.82 RCW ((to provide driver training instruction)), and whose primary function is providing driver's education, and has provided instruction for a period of at least one year, and has not received or is currently under the terms of a disciplinary sanction from the department at any time during the previous twelve months;

(2) Complies with chapters 18.235 and 46.82 RCW and regulations adopted under those chapters;

(3) Has submitted a request to enter into an agreement on a form or in a format prescribed by the department; and

(4) Has provided to the department:

(a) A list of department endorsed examiners the school intends to use to administer examinations;

(b) A description of the school's examination practices that includes, but may not be limited to, a school's skills ((test)) examination route(s) and test starting point(s);

(c) A summary of the school's schedule for administering examinations; and

(d) ((A school's knowledge test questions; and

(e))) Any other information as may be required by the department.

(1) Main school locations must enter into and have a valid agreement prior to administering examinations.

(2) Schools and department endorsed examiners must conduct skills ((tests using routes that meet department standards.

(3) Knowledge tests)) examinations using department approved routes.

(4) Knowledge examinations must be conducted in an area separate from classroom instruction or when a class is not in session, minimizing distractions or interactions.

(((4))) (5) Examinations must be conducted by department endorsed examiners.

(((5))) (6) Knowledge ((test)) examination results may be used to obtain a driver license for no more than two years from the date of completion.

(((6))) (7) Skills ((test)) examination results may be used to obtain a driver license for no more than one year from the date of completion.

(((7) In accordance with the department's guidelines, schools must refer to the department for testing any)) (8) Any applicant who has a condition that may impair their ability to operate a motor vehicle safely must be referred to the department for examination.

(((8))) (9) Prior to administering the knowledge ((and skills tests)) examination, schools must ensure that applicant((s are)) is:

(a) At least fifteen years of age. When the applicant is less than eighteen years of age, the applicant must have successfully completed a traffic safety education course; or

(b) At least fifteen and one-half years of age and if the applicant is less than eighteen years of age, and the applicant does not possess a valid Washington state instruction driving permit.

(((9))) (10) Prior to administering the skills ((test)) examination, schools will ensure that applicant((s)):

(11) Prior to administering the knowledge or skills examination, schools will ensure applicants are properly informed regarding ((testing)) examination requirements and their ((test)) examination results.

(12) Schools must ((also inform applicants of the school's current retesting, refund, and grievance policies and procedures.

(c) A valid foreign driver's license)) retain documentation that the applicant was notified of examination requirements, fee structures, school reexaminations, random reexaminations by the department, refunds, grievance policies and procedures, and any other information as required by the department.

(b) Provide any instruction to an applicant during the same date and time that they are providing an examination.

To qualify as a master examiner, and receive the license endorsement, the instructor or teacher must:

(1) Have been a department or OSPI approved traffic safety education instructor who meets one of the following:

(a) Possesses an instructor trainer as defined in WAC 308-108-020(6) endorsement; or

(b) Have conducted examinations as a certified examiner for a minimum period of six months.

(2) Meet all other department principles, expectations, training and guidelines set forth in the agreement for services contract as well as the examinations manual.

(3) Not have received or be under the terms of a disciplinary sanction from the department or office of the superintendent of public instruction at any time during the previous twelve months.

To qualify as a certified examiner, and receive the license endorsement, the instructor or teacher must:

(1) Have been a department or OSPI approved traffic safety education instructor for a minimum period of six months.

(2) Meet all other department principles, expectations, training and guidelines set forth in the agreement for services contract as well as the examinations manual.

(3) Not have received or be under the terms of a disciplinary sanction from the department or office of the superintendent of public instruction at any time during the previous twelve months.

To qualify as a certified knowledge examiner, and receive the license endorsement, the instructor or teacher must:

(1) Have been a department or OSPI approved traffic safety education instructor for a minimum period of six months.

(2) Meet all other department principles, expectations, training and guidelines set forth in the agreement for services contract as well as the examinations manual.

(3) Not have received or be under the terms of a disciplinary sanction from the department or office of the superintendent of public instruction at any time during the previous twelve months.

(1) Schools must keep applicant records for at least three years. Applicant records must be kept at a school's primary place of business. Records must be immediately available for inspection or audit by the department or its representative.

(2) Schools must keep applicant records on a form or in a format approved by the department. The form must include at ((least the)) a minimum:

(a) Applicant name, date of birth, and driver's license or instruction permit number((;)), and proof that the applicant received the school policies; and

(b) ((Knowledge and skill test results;

(e))) Other information required by the department.

(3) Schools must maintain additional records for all examiners in their employment. Upon request, these records must be made available to the department for review; and any other information required by the department.

(4) Schools must submit to the department the knowledge and skills ((test)) examination results for each applicant in accordance with the school's agreement with the department.

(((4))) (5) The department will monitor outcomes for applicants who take a driver's license examination and will make aggregate outcomes available to the public.

(1) Schools, master examiners, certified examiners, certified knowledge examiners, and ((examiners)) staff examiner support are responsible for complying with the requirements of chapters 46.82 and 18.235 RCW and the rules promulgated under those chapters.

(2) If the department finds that an examiner or school has violated or no longer meets the qualifications or requirements of chapters 46.82 and 18.235 RCW, the rules promulgated under those chapters, ((or)) the agreement((;)), the department may either (a) rescind approval of an examiner to conduct examinations, (b) terminate or suspend for any period of time an agreement with a school, or both.