DAR File No. 41006

Education, Administration

Rule R277-507

Driver Education Endorsement

Notice of Proposed Rule

(Amendment)

DAR File No.: 41006
Filed: 11/15/2016 01:47:23 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-507 is amended to provide updated endorsement procedures and training requirements. Technical and conforming changes, consistent with the administrative rulemaking styles manual, are also provided.

Summary of the rule or change:

The changes to Rule R277-507 provide updated definitions, updated endorsement and training requirements, and technical and conforming changes.

Statutory or constitutional authorization for this rule:

• Section 53A-1-401
• Art X, Sec 3
• Subsection 53A-1-402(1)(a)
• Section 53A-13-208

Anticipated cost or savings to:

the state budget:

The amendments to Rule R277-507 provide updated endorsement and training requirements and technical and conforming changes, which likely will not result in a cost or savings to the state budget.

local governments:

The amendments to Rule R277-507 provide updated endorsement and training requirements and technical and conforming changes, which likely will not result in a cost or savings to local government.

small businesses:

The amendments to Rule R277-507 provide updated endorsement and training requirements and technical and conforming changes, which likely will not result in a cost or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

The amendments to Rule R277-507 provide updated endorsement and training requirements and technical and conforming changes, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The amendments to Rule R277-507 provide updated endorsement and training requirements and technical and conforming changes, which likely will not result in any compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule.

Sydnee Dickson, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/03/2017

This rule may become effective on:

01/10/2017

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

R277. Education, Administration.

R277-507. Driver Education Endorsement.

R277-507-[2]1. Authority and Purpose.

[A.](1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3[of the Utah Constitution], which vests[the] general control and supervision [of the]over public [school]education in the [State ]Board[of Education, by];

(b) S ubsection 53A-1-402(1)(a), which directs the Board to make rules regarding the [licensure]certification of educators[,];

(c) Section 53A-1-401[(3)], which allows the Board to [adopt rules in accordance with its responsibilities,]make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law; and

(d) [by] Section 53A-13-208 , which directs the Board to establish procedures and standards to [license]certify teachers of driver education classes as driver license examiners.

[B.](2) The purpose of this rule is to establish standards and procedures for [high school]secondary teachers to qualify for [the]a driver education endorsement.

 

R277-507-[1]2. Definitions.

[A. "Board" means the Utah State Board of Education.]

(1) "Driver License Division" or "DLD" means the Driver License Division of the Department of Public Safety.

[B.](2) "Endorsement" means a stipulation appended to a license setting forth the areas of practice to which the license applies.

[C.](3) "Level 1 License" means a license issued :

(a) upon completion of an approved educator preparation program[ or];

(b) upon completion of an alternative preparation program[ or];

(c) pursuant to an agreement under the NASDTEC Interstate Contract to candidates who have also met all ancillary requirements established by law or rule[.]; or

(d) in accordance with the requirements of Rule R277-511.

[D.](4) "Level 2 License" means a license issued after satisfaction of all requirements for a Level 1 license as well as any additional requirements established by law or rule relating to professional preparation or experience.

[E.](5) "Level 3 License" means a license issued to an educator who holds a current Utah Level 2 license and has also received, in the educator's field of practice, National Board certification or a doctorate from an accredited institution.

[F. "NASDTEC" means the National Association of State Directors of Teacher Education and Certification.]

[G.](6) "NASDTEC Interstate Contract" means the contract implementing Title 53A, Chapter 6, Part 2, Compact [of]for Interstate Qualification of Educational Personnel, which is administered through [NASDTEC]the National Association of State Directors of Teacher Education and Certification, and which provides for reciprocity of educator licenses among states.

(7)(a) "Utah Driver Handbook" means a manual, prepared and periodically updated by the DLD, containing the rules which should be followed when operating a motor vehicle in Utah.

(b) The updated Utah Driver Handbook is available at http://dld.utah.gov/handbooksprintableforms/.

[H. "USOE" means the Utah State Office of Education.]

 

R277-507-3. Endorsement Requirements.

[A.](1) [The]A driver education endorsement shall be added to [the]an educator's Level 1, 2, or 3 license [provided]if the educator:

([1]a) [the individual ]has a valid and current Level 1, 2, or 3 license with an area of concentration in one or more of the following:

(i) Secondary Education[,];

(ii) Special Education; [and/]or

(iii) School Counselor;

([2]b) [the individual] has a valid Utah automobile operator's license; [and]

([3]c) [the beginning teacher] has not had [no convictions for a moving violation or chargeable accident on record for which a driver]an automobile operator's license [was ]suspended or revoked [for ]during the two year period immediately prior to [employment]applying for the endorsement; and[.]

(d) has completed the professional preparation requirements set forth in Subsection (2).

[B. In order for a high school driver education teacher to be certified as a driver license examiner by the Driver License Division of the Department of Public Safety, the teacher shall first be licensed and endorsed by the USOE.]

[C.](2) A high school driver education teacher shall [have]complete professional preparation which includes [the following:

(1) ]sixteen (16) semester hours in the area of driver and safety education, as follows;

[(2) of the 16 hours required:]

(a) a minimum of twelve (12) semester hours shall be in the area of driver and safety education, including a practicum covering classroom, on-street, simulator, and driving range instruction;[and]

[(b) a minimum of three (3) semester hours shall be selected from areas of related safety work; and]

(b) a minimum of two (2) semester hours of Driver Education State Law and Policy through Utah Education Network;

(c) a minimum of one (1) semester hour of current/valid first aid and CPR training[.]; and

(d) a minimum of one (1) semester hour of DLD online examiners training.

(3) In order for a high school driver education teacher to be certified as a driver license examiner by the DLD, the teacher shall first be licensed and endorsed as provided in this Section R277-507-3 by the Board.

[D.](4) [A high school driver education teacher a]After meeting the criteria of Subsection [3](1), a high school driver education teacher shall obtain a valid and current certificate from the [Driver License Division]DLD to administer [knowledge]written and driving [skills ]test s, [as required by and specified in ]in accordance with Section 53A-13-208.

 

R277-507-4. Driver Education Program Standards.

[The]A teacher preparation program of an institution may be approved by the Board if it requires demonstrated competency by the teacher in:

(1) structuring, implementing, identifying and developing support materials related to:

(a) regular classroom instruction[,];

(b) multimedia instruction[,];

(c) driving simulation[,];

(d) off-street multiple car driving range experiences[,]; and

(e) on-street driving experiences;

(2) assisting students in examining and clarifying their attitudes and values about safety;

(3) understanding and explaining the basic principles of motor vehicle systems, dynamics, and maintenance;

(4) understanding and explaining the interaction of all highway transportation system elements;

(5) initiating emergency procedures under varying circumstances;

(6) motor vehicle operation and on-street instruction;

(7) understanding and explaining the physiological and psychological influences of alcohol and other drugs especially as they relate to driving;

(8) understanding and explaining seat belt safety;

(9) understanding and explaining the consequences of distracted driving;

([8]10) understanding and explaining due process in the legal system;

([9]11) communicating effectively with federal, state, and local agencies concerning safety issues;

(1[0]2) understanding and explaining the frequency, severity, nature and prevention of accidents related to driving which occur in various age groups in various life activities; and

(1[1]3) understanding and explaining the [UTAH DRIVER HANDBOOK ]Utah Driver Handbook[, prepared by the Driver License Division].

 

R277-507-5. Endorsement Suspension.

[A.](1) [The]A driver education endorsement shall be immediately suspended and the previously-endorsed individual [shall]may not be allowed to teach driver education following the suspension or revocation of the individual's automobile operator's license.[a conviction for a moving violation, alcohol-related or chargeable accident for which an individual's driver license is suspended or revoked.]

[B.](2) Once an individual's endorsement to teach has been suspended, [he]the individual shall [be required to ]maintain a driving record free of convictions for moving violations or chargeable accidents [for which a driver license is suspended or revoked ]for a period of two years before the endorsement to teach may be reinstated.

 

KEY: professional education, driver education, educator licensure

Date of Enactment or Last Substantive Amendment: [December 16, 2005]2017

Notice of Continuation: March 15, 2012

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-402(1)(a); 53A-1-401[(3)]; 53A-13-208