AN ACT Relating to creating uniformity in driver training education provided by school districts and commercial driver training schools; amending RCW 28A.220.010, 28A.220.020, 28A.220.030, 46.20.055, 46.20.100, 46.82.320, 46.82.330, and 46.82.400; adding new sections to chapter 28A.220 RCW; adding a new section to chapter 46.82 RCW; creating new sections; repealing RCW 28A.220.050, 28A.220.060, 28A.220.080, and 28A.220.085; providing an effective date; and providing an expiration date.

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

Sec. 2.  RCW 28A.220.010 and 1977 c 76 s 1 are each amended to read as follows:

It is the purpose of this chapter ((76, Laws of 1977)) to provide the students of the state with an improved quality traffic safety education program and to develop in the youth of this state a knowledge of the motor vehicle laws, an acceptance of personal responsibility on the public highways, an understanding of the causes and consequences of traffic accidents, and to provide training in the skills necessary for the safe operation of motor vehicles((; to provide financial assistance to the various school districts while permitting them to achieve economies through options in the choice of course content and methods of instructions by adopting in whole or with modifications, a program prepared by the office of the superintendent of public instruction, and keeping to a minimum the amount of estimating, bookkeeping and reporting required of said school districts for financial reimbursement for such traffic safety education programs)).

Sec. 3.  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:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

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

(2) "((Traffic safety)) Driver training education course" ((shall)) means ((an accredited)) a 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)) driver training education that consists of classroom and behind-the-wheel instruction using curriculum that meets department of licensing standards and the course requirements established by the superintendent of public instruction under RCW 28A.220.030. Behind-the-wheel instruction is characterized by driving experience. ((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)) driver training education" ((shall)) means 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. 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)) who:

(b) Is an instructor provided by a driver training school that has contracted with a school district's or districts' board of directors under RCW 28A.220.030(3) to teach driver education for the school district.

(4) "Realistic level of effort" means the classroom and ((laboratory)) behind-the-wheel student learning experiences considered acceptable to the superintendent of public instruction under RCW 28A.220.030 that must be satisfactorily accomplished by the student in order to successfully complete the ((traffic safety)) driver training education course.

Sec. 4.  RCW 28A.220.030 and 2011 c 370 s 2 are each amended to read as follows:

(1) The superintendent of public instruction is authorized to establish a section of traffic safety education, and through such section shall: Define a "realistic level of effort" required to provide an effective ((traffic safety)) driver training education course, establish a level of driving competency required of each student to successfully complete the course, and ensure that an effective statewide program is implemented and sustained((,)); administer, supervise, and develop the traffic safety education program; and ((shall)) assist local school districts in the conduct of their traffic safety education programs. The superintendent shall verify that the realistic level of effort set for each driver training education course meets or exceeds department of licensing minimum required driver training education curriculum and course delivery standards as described in RCW 46.82.420 and 46.82.430 and associated rules adopted by the department of licensing. The superintendent shall adopt necessary rules ((and regulations)) governing the operation and scope of the traffic safety education program; and each school district shall submit a report to the superintendent on the condition of its traffic safety education program: PROVIDED, That the superintendent shall monitor the quality of the program and carry out the purposes of this chapter.

(2)(a) The board of directors of any school district maintaining a secondary school which includes any of the grades 10 to 12, inclusive, may establish and maintain a traffic safety education ((course)) program.

(c) Any portion of a driver training education course offered by a school district 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 district. If a school district elects to offer a ((traffic safety)) driver training education course and has within its boundaries a private accredited secondary school which includes any of the grades 10 to 12, inclusive, at least one ((class in traffic safety education shall)) driver training education course must be given at times other than regular school hours if there is sufficient demand ((therefor)) for it.

(3)(a) A qualified teacher of driver training education must be certificated under chapter 28A.410 RCW and obtain a traffic safety endorsement or a letter of approval to teach traffic safety education from the superintendent of public instruction to teach either the classroom instruction or the behind-the-wheel instruction portion of the driver training education course, or both, under rules adopted by the superintendent. The classroom or behind-the-wheel instruction portion of the driver training education course may also be taught by instructors certificated under rules adopted by the superintendent of public instruction, exclusive of any requirement that the instructor be certificated under chapter 28A.410 RCW.

(4) The board of directors of a school district, or combination of school districts, may contract with any ((drivers')) driver training school licensed under ((the provisions of)) chapter 46.82 RCW to teach the ((laboratory phase)) behind-the-wheel instruction portion of the ((traffic safety)) driver training education course. Instructors provided by any such contracting ((drivers')) driver training school must be properly ((qualified)) licensed teachers of ((traffic safety)) driver training education under the joint qualification requirements adopted by the superintendent of public instruction and the director of licensing, which must meet or exceed minimum teacher licensing requirements promulgated by the department of licensing.

(5) Each school district offering a traffic safety education program must maintain: (a) Documentation of each instructor's name, address, and instructor's license from the department of licensing; and (b) student records that include the student's name, address, and telephone number, the date of enrollment and all dates of instruction, the student's driver's instruction permit or driver's license number, the type of training received, the total number of hours of instruction, and the name of the instructor or instructors. These records must be maintained for three years following the completion of the instruction and are subject to inspection upon request of the department of licensing or the office of the superintendent of public instruction. The superintendent may adopt rules regarding the retention of additional documents that are subject to inspection by the department of licensing or the office of the superintendent of public instruction.

(7) School districts that offer a ((traffic safety)) driver training education ((program)) course under this chapter may administer the portions of the driver licensing examination that test the applicant's knowledge of traffic laws and ability to safely operate a motor vehicle as authorized under RCW 46.20.120(7). The superintendent shall work with the department of licensing, in consultation with school districts that offer a traffic safety education program, to develop standards and requirements for administering each portion of the driver licensing examination that are comparable to the standards and requirements for driver training schools under RCW 46.82.450.

(((6))) (8) Before a school district may provide a portion of the driver licensing examination, the school district must, after consultation with the superintendent, enter into an agreement with the department of licensing that sets forth an accountability and audit process that takes into account the unique nature of school district facilities and school hours and, at a minimum, contains provisions that:

(a) Allow the department of licensing to conduct random examinations, inspections, and audits without prior notice;

(b) Allow the department of licensing to conduct on-site inspections at least annually;

(c) Allow the department of licensing to test, at least annually, a random sample of the drivers approved by the school district for licensure and to cancel any driver's license that may have been issued to any driver selected for testing who refuses to be tested; and

(d) Reserve to the department of licensing the right to take prompt and appropriate action against a school district that fails to comply with state or federal standards for a driver licensing examination or to comply with any terms of the agreement.

NEW SECTION.  Sec. 5.  A new section is added to chapter 28A.220 RCW to read as follows:

(1) The department of licensing shall develop and offer a license for individuals to be qualified to teach the classroom instruction and behind-the-wheel instruction portions of a driver training education course for a traffic safety education program operated by a school district.

(2)(a) Only a qualified teacher may provide instruction for a driver training education course under this chapter. A qualified teacher of driver training must hold a license issued by the director for that purpose. However, an instructor who is licensed to teach in a traffic safety education program before August 1, 2018, may continue to teach without obtaining a department of licensing issued license to provide instruction until the expiration of an instructor's traffic safety endorsement, letter of approval to teach traffic safety education, or conditional certificate, or until August 1, 2020, whichever occurs first.

(b) An application for an original or renewal instructor's license must be filed with the director, containing such information as prescribed under this section and by the director, accompanied by an application fee set by rule of the department of licensing that is equal to the fee set under RCW 46.82.320, which may not be refunded. The application fee for an original instructor's license is waived for any applicant who is certificated under chapter 28A.410 RCW and who has obtained a traffic safety endorsement or a letter of approval to teach traffic safety education from the superintendent of public instruction; this waiver does not extend to renewal application fees. An application for a renewal instructor's license must be accompanied by proof of the applicant's continuing professional development that meets the standards adopted by the director. If the applicant satisfactorily meets the licensing qualification requirements in this subsection (2)(b) and as prescribed in RCW 46.82.330, or any alternate requirements established under RCW 46.82.440 or 46.82.441, the applicant must be granted a license that is valid for a period of two years from the date of issuance. A qualified teacher of driver training education who is certificated under chapter 28A.410 RCW with a regular certificate who has obtained a traffic safety endorsement or a letter of approval to teach traffic safety education from the superintendent of public instruction is exempt from the requirements of RCW 46.82.330(2) (d) and (e).

(c) The director shall issue a license certificate to each qualified applicant.

(d) The instructor's license must be available at the location where the instructor provides instruction. Unless revoked, canceled, or denied by the director, the license must remain the property of the licensee.

(e) If the director has not received a renewal instructor's license application on or before the date the license expires, the license is void, requiring a new application as provided for in this chapter, including payment of all fees. A renewal instructor's license applicant is only required to retake an examination if his or her license expired more than six months before submission of his or her renewal application.

(f) If revoked, canceled, or denied by the director, the license must be surrendered to the department of licensing within ten days following the effective date of such action.

(3)(a) Each licensee must be provided with a wallet-size identification card by the director at the time the license is issued, which must be in the instructor's immediate possession at all times while engaged in instructing.

(b) In case of the loss, mutilation, or destruction of an instructor's license certificate, the director shall issue a duplicate certificate upon proof of the facts and payment of a fee as adopted by rule of the department of licensing under RCW 46.82.340.

(4) Each licensee shall notify the director in writing within ten days of any change of employment or termination of employment and provide the name and address of any new employer.

NEW SECTION.  Sec. 6.  A new section is added to chapter 28A.220 RCW to read as follows:

(1) The department of licensing shall develop and maintain a minimum required curriculum for school districts operating a traffic safety education program and furnish to each qualifying applicant for an instructor's license a copy of such curriculum. The curriculum must be identical to or substantially similar to the curriculum required under RCW 46.82.420.

(2) The department of licensing shall develop and administer a certification process for a traffic safety education program as required under RCW 28A.220.030 in consultation with the superintendent.

(3) The department of licensing shall conduct audits of traffic safety education programs to ensure that the instructors are licensed and teaching the required curriculum material. Each school district may be audited at least once every five years or more frequently. The audit process must take into account the unique nature of school district facilities, operations, and hours. As part of its audit process, the department of licensing may examine all relevant information, including driver training education course curriculum materials and student records, and visit any course in progress that is part of the traffic safety education program. The director shall consult with the superintendent in developing and carrying out these auditing practices.

(4) The department of licensing may suspend or revoke a school's or school district's ability to issue certificates of driver training education course completion if the school or school district fails to comply with department of licensing standards or fails to certify its traffic safety education program, or if the school or school district refuses to comply with the department audit process authorized under this chapter.

NEW SECTION.  Sec. 7.  A new section is added to chapter 28A.220 RCW to read as follows:

(1) The director may suspend, revoke, deny, or refuse to renew an instructor's license, or impose such other disciplinary action authorized under RCW 18.235.110 (1) (a) through (g), (i), (j) and (4), upon a determination that the applicant or licensee has engaged in unprofessional conduct as described under RCW 18.235.130 (1), (2), (4), (6) (a) through (c), (7), and (14), or for any of the following causes:

(a) Upon a determination that the licensee has made a false statement or concealed any material fact in connection with the application or license renewal;

(b) Upon a determination that the applicant or licensee has been convicted of a felony, or any crime involving violence, dishonesty, deceit, indecency, degeneracy, or moral turpitude;

(c) Upon a determination that the applicant or licensee has committed fraud, induced another to commit fraud, or engaged in fraudulent practices in relation to a driver training education course, or has induced another to resort to fraud in relation to securing for himself, herself, or another a license to drive a motor vehicle;

(d) Upon a determination that the applicant or licensee has engaged in conduct that could endanger the educational welfare or personal safety of students or others;

(e) Upon a determination that an instructor no longer possesses and meets the qualifications and conditions set out in section 5 of this act; or

(f) Upon a determination that the applicant or licensee has failed to satisfy or fails to satisfy the other conditions stated in this chapter or under rules adopted by the director or superintendent.

(2) If revoked, canceled, or denied by the director, the license must be surrendered to the department of licensing within ten days following the effective date of such action.

(3) The appeal procedures under RCW 46.82.370 and 46.82.380 apply to this section.

NEW SECTION.  Sec. 8.  A new section is added to chapter 28A.220 RCW to read as follows:

All moneys collected from instructor licenses must be deposited into the highway safety fund. Expenditures from such moneys in the fund may be used only for expenses incurred in carrying out the traffic safety education licensing activities of the department of licensing, including audits and inspections.

Sec. 9.  RCW 46.20.055 and 2012 c 80 s 5 are each amended to read as follows:

(1) Driver's instruction permit. The department may issue a driver's instruction permit with or without a photograph to an applicant who has successfully passed all parts of the examination other than the driving test, provided the information required by RCW 46.20.091, paid an application fee of twenty-five dollars, and meets the following requirements:

(a) Is at least fifteen and one-half years of age; or

(b) Is at least fifteen years of age and:

(i) Has submitted a proper application; and

(ii) Is enrolled in a ((traffic safety)) driver training education ((program)) course offered((, approved, and accredited by the superintendent of public instruction)) in accordance with the requirements under chapter 28A.220 RCW or offered by a driver training school licensed and inspected by the department of licensing under chapter 46.82 RCW, that includes practice driving.

(2) Waiver of written examination for instruction permit. The department may waive the written examination, if, at the time of application, an applicant is enrolled in((:

(a))) a ((traffic safety)) driver training education course as defined ((by RCW 28A.220.020(2); or

(b) A course of instruction offered by a licensed driver training school as defined by)) in RCW 46.82.280 or 28A.220.020.

The department may require proof of registration in such a course as it deems necessary.

(3) Effect of instruction permit. A person holding a driver's instruction permit may drive a motor vehicle, other than a motorcycle, upon the public highways if:

(a) The person has immediate possession of the permit;

(b) The person is not using a wireless communications device, unless the person is using the device to report illegal activity, summon medical or other emergency help, or prevent injury to a person or property; and

(c) ((An approved)) A licensed driver training education course instructor, or a licensed driver with at least five years of driving experience, occupies the seat beside the driver.

(4) Term of instruction permit. A driver's instruction permit is valid for one year from the date of issue.

(a) The department may issue one additional one-year permit.

(b) The department may issue a third driver's permit if it finds after an investigation that the permittee is diligently seeking to improve driving proficiency.

(c) A person applying for an additional instruction permit must submit the application to the department in person and pay an application fee of twenty-five dollars for each issuance.

Sec. 10.  RCW 46.20.100 and 2010 1st sp.s. c 7 s 18 are each amended to read as follows:

(1) Application. The application of a person under the age of eighteen years for a driver's license or a motorcycle endorsement must be signed by a parent or guardian with custody of the minor. If the person under the age of eighteen has no father, mother, or guardian, then the application must be signed by the minor's employer.

(2) Traffic safety education requirement. For a person under the age of eighteen years to obtain a driver's license, he or she must meet the traffic safety education requirements of this subsection.

(a) To meet the traffic safety education requirement for a driver's license, the applicant must satisfactorily complete a ((traffic safety)) driver training education course as defined in RCW 28A.220.020 for a course offered by a school district, or as defined by the department of licensing for a course offered by a driver training school licensed under chapter 46.82 RCW. The course offered by a school district ((or an approved private school)) must meet the standards established by the office of the state superintendent of public instruction and the department of licensing under chapter 28A.220 RCW. The course offered by a driver training school must meet the standards established by the department of licensing under chapter 46.82 RCW. The ((traffic safety)) driver training education course may be provided by:

(i) A ((recognized)) secondary school within a school district that establishes and maintains a traffic safety education program under chapter 28A.220 RCW; or

(ii) A driver training school licensed under chapter 46.82 RCW that is annually approved by the department of licensing.

(b) To meet the traffic safety education requirement for a motorcycle endorsement, the applicant must successfully complete a motorcycle safety education course that meets the standards established by the department of licensing.

(c) The department may waive the ((traffic safety)) driver training education course requirement for a driver's license if the applicant demonstrates to the department's satisfaction that:

(i) He or she was unable to take or complete a ((traffic safety)) driver training education course;

(ii) A need exists for the applicant to operate a motor vehicle; and

(iii) 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.

The department may adopt rules to implement this subsection (2)(c) in concert with the supervisor of the traffic safety education section of the office of the superintendent of public instruction.

(d) The department may waive the ((traffic safety)) driver training education course requirement if the applicant was licensed to drive a motor vehicle or motorcycle outside this state and provides proof that he or she has had education equivalent to that required under this subsection.

Sec. 11.  RCW 46.82.320 and 2009 c 101 s 4 are each amended to read as follows:

(1) No person affiliated with a driver training school shall give instruction in the operation of an automobile for a fee without a license issued by the director for that purpose. An application for an original or renewal instructor's license shall be filed with the director, containing such information as prescribed by this chapter and by the director, accompanied by an application fee set by rule of the department, which shall in no event be refunded. An application for a renewal instructor's license must be accompanied by proof of the applicant's continuing professional development that meets the standards adopted by the director. If the applicant satisfactorily meets the application requirements ((and the examination requirements)) as prescribed in RCW 46.82.330, the applicant shall be granted a license valid for a period of two years from the date of issuance. An applicant for a renewal instructor's license is not required to retake the examination specified in RCW 46.82.330 to renew his or her instructor's license if his or her original instructor's license is unexpired or has not been expired for longer than six months before submission of his or her renewal application.

(2) The director shall issue a license certificate to each qualified applicant.

(a) An employing driver training school must conspicuously display an instructor's license at its established place of business and display copies of the instructor's license at any branch office where the instructor provides instruction.

(b) Unless revoked, canceled, or denied by the director, the license shall remain the property of the licensee in the event of termination of employment or employment by another driver training school.

(c) If the director has not received a renewal application on or before the date a license expires, the license ((will be voided)) is void, requiring a new application as provided for in this chapter, including ((examination and)) payment of all fees, as well as an examination subject to the exception in subsection (1) of this section.

(d) If revoked, canceled, or denied by the director, the license must be surrendered to the department within ten days following the effective date of such action.

(3) Each licensee shall be provided with a wallet-size identification card by the director at the time the license is issued which shall be in the instructor's immediate possession at all times while engaged in instructing.

(4) The person to whom an instructor's license has been issued shall notify the director in writing within ten days of any change of employment or termination of employment, providing the name and address of the new driver training school by whom the instructor will be employed.

Sec. 12.  RCW 46.82.330 and 2010 1st sp.s. c 7 s 21 are each amended to read as follows:

(1) The application for an instructor's license shall document the applicant's fitness, knowledge, skills, and abilities to teach the classroom and behind-the-wheel ((phases)) instruction portions of a driver training education program ((in a commercial driver training school)).

(2) An applicant shall be eligible to apply for an original instructor's certificate if the applicant possesses and meets the following qualifications and conditions:

(a) Has been licensed to drive for five or more years and possesses a current and valid Washington driver's license or is a resident of a jurisdiction immediately adjacent to Washington state and possesses a current and valid license issued by such jurisdiction, and does not have on his or her driving record any of the violations or penalties set forth in (a)(i), (ii), or (iii) of this subsection. The director shall have the right to examine the driving record of the applicant from the department of licensing and from other jurisdictions and from these records determine if the applicant has had:

(i) 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;

(ii) No drug or alcohol-related traffic violation or incident within the preceding three years. If there are two or more drug or alcohol-related traffic violations in the applicant's driving history, the applicant is no longer eligible to be a driving instructor; and

(iii) No driver's license suspension, cancellation, revocation, or denial within the preceding two years, or no more than two of these occurrences in the preceding five years, excluding driver's license suspensions resulting from certification by the department of social and health services that the applicant was not in compliance with a child support order as provided in RCW 46.20.291;

(b) Is a high school graduate or the equivalent and at least twenty-one years of age;

(c) Has completed an acceptable application on a form prescribed by the director;

(d) Has satisfactorily completed a course of instruction in the training of drivers acceptable to the director that is no less than sixty hours in length and includes instruction in classroom and behind-the-wheel teaching methods and supervised practice behind-the-wheel teaching of driving techniques; and

(e) Has paid an examination fee as set by rule of the department and has successfully completed an instructor's examination.

Sec. 13.  RCW 46.82.400 and 1979 ex.s. c 51 s 13 are each amended to read as follows:

This chapter shall not apply to or affect in any manner courses of instruction offered in high schools, vocational-technical schools, colleges, or universities which are now or hereafter established((, nor shall it be applicable to instructors in any such high schools, vocational-technical schools, colleges, or universities: PROVIDED, That)) so long as such course or courses are conducted by such schools in a like manner to their other regular courses. If such course is conducted by any commercial school as herein identified on a contractual basis, such school and instructors must qualify under this chapter.

NEW SECTION.  Sec. 14.  A new section is added to chapter 46.82 RCW to read as follows:

By July 1, 2018, the department shall consult with one or more of Central Washington University's traffic safety education instructors or program content developers and update the curriculum required under RCW 46.82.420.

This section expires April 1, 2020.

(1) RCW 28A.220.050 (Information on proper use of left-hand lane) and 1986 c 93 s 4;

(2) RCW 28A.220.060 (Information on effects of alcohol and drug use) and 1991 c 217 s 2;

(3) RCW 28A.220.080 (Information on motorcycle awareness) and 2007 c 97 s 4 & 2004 c 126 s 1; and

(4) RCW 28A.220.085 (Information on driving safely among bicyclists and pedestrians) and 2008 c 125 s 4.

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