BP BHEAD INT S [atlas:bill]

AN ACT Relating to traffic safety education; amending RCW 28A.220.020 and 46.20.100; and adding a new section to chapter 28A.220 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 28A.220.020 and 1990 c 33 s 218 are each amended to read as follows:

The following words and phrases whenever used in chapter 28A.220 RCW shall have the following meaning:

(1) "Superintendent" or "state superintendent" shall mean the superintendent of public instruction.

(2) "Traffic safety education course" shall mean an accredited course of instruction in traffic safety education which shall consist of two phases, classroom instruction, and laboratory experience. "Laboratory experience" shall include on-street, driving range, or simulator experience or some combination thereof. Each phase shall meet basic course requirements which shall be established by the superintendent of public instruction and each part of said course shall be taught by a qualified teacher of traffic safety education. Any portions of the 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 local school districts.

(3) "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 experience 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; or, solely for the purposes of providing home-based instruction under section 2 of this act, a parent providing home-based instruction in accordance with chapter 28A.200 RCW and section 2 of this act. Professional instructors certificated under the provisions of chapter 46.82 RCW, and participating in this program, shall be subject to reasonable qualification requirements jointly adopted by the superintendent of public instruction and the director of licensing.

(4) "Realistic level of effort" means the classroom and laboratory student learning experiences considered acceptable to the superintendent of public instruction that must be satisfactorily accomplished by the student in order to successfully complete the traffic safety education course.

NEW SECTION. Sec. 2. A new section is added to chapter 28A.220 RCW to read as follows:

(1) The superintendent of public instruction shall develop a list of parent-led traffic safety and driver's education courses that are nationally recognized or approved for use in other states. The list shall be made available to parents providing home-based instruction in accordance with chapter 28A.200 RCW. Parents providing home-based instruction who are interested in using any of the courses on the list shall certify to the superintendent that:

(a) The parent providing the instruction has a current driver's license issued by the state of Washington;

(b) The parent providing the instruction has not been convicted of criminally negligent vehicular homicide or driving while intoxicated within the last ten years; and

(2) Subsection (1) of this section does not authorize the superintendent of public instruction to require a parent to undergo a background investigation. The superintendent of public instruction may request the driving record of the parent providing the instruction in order to confirm that the parent is in compliance with requirements of subsection (1) of this section. The superintendent may not require the parent to submit records verifying the parent's mental health history.

(3) Each parent-led course identified by the office of the superintendent of public instruction must include, at a minimum, the following:

(a) The equivalent of thirty hours of classroom instruction;

(b) The equivalent of fifty hours of street driving, including highway driving;

(d) Materials for the parent to use to evaluate the driving skills achieved by the student after completing the course.

(4) The superintendent of public instruction may not require parents interested in using a parent-led traffic safety or driver's education course identified by the office to participate in instructional classes to verify the parent's ability to use the course effectively.

Sec. 3. RCW 46.20.100 and 1990 c 250 s 36 are each amended to read as follows:

The department of licensing shall not consider an application of any minor under the age of eighteen years for a driver's license or the issuance of a motorcycle endorsement for a particular category unless:

(1) The application is also signed by a parent or guardian having the custody of such minor, or in the event a minor under the age of eighteen has no father, mother, or guardian, then a driver's license shall not be issued to the minor unless his or her application is also signed by the minor's employer; and

(2) The applicant has satisfactorily completed a traffic safety education course as defined in RCW 28A.220.020, conducted by a recognized secondary school, that meets the standards established by the office of the state superintendent of public instruction ((or)), the applicant has satisfactorily completed a traffic safety education course, conducted by a commercial driving instruction enterprise, that meets the standards established by the office of the superintendent of public instruction and is officially approved by that office on an annual basis, or the applicant has successfully completed a parent-led traffic safety or driver's education course in accordance with section 2 of this act for students receiving home-based instruction: PROVIDED, HOWEVER, That the director may upon a showing that an applicant was unable to take or complete a driver education course waive that requirement if the applicant shows to the satisfaction of the department that a need exists for the applicant to operate a motor vehicle and he or she has the ability to operate a motor vehicle in such a manner as not to jeopardize the safety of persons or property, under rules to be promulgated by the department in concert with the supervisor of the traffic safety education section, office of the superintendent of public instruction. For a person under the age of eighteen years to obtain a motorcycle endorsement, he or she must successfully complete a motorcycle safety education course that meets the standards established by the department of licensing.

The department may waive any education requirement under this subsection for an applicant previously licensed to drive a motor vehicle or motorcycle outside this state if the applicant provides proof satisfactory to the department that he or she has had education equivalent to that required under this subsection.