Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R708. Public Safety, Driver License.

Rule R708-27. Certification of Driver Education Teachers in the Public Schools to Administer Knowledge and Driving Skills Tests.

As in effect on October 1, 2019

Table of Contents

R708-27-1. Authority and Purpose.

This rule establishes standards and procedures to certify teachers of driver education classes in the public schools to administer knowledge and driving skills tests as required by Section 53A-13-208.

R708-27-2. Definitions.

"Cancellation" means the certification is void.

"Certification" means the process by which public education teachers of driver education are certified by the Driver License Division to administer knowledge and driving skills tests.

"Division" means the Driver License Division of the Utah Department of Public Safety.

"Suspension" means that a teacher's certification is currently void but may be reinstated whenever the teacher follows a division-approved plan and complies with reinstatement procedures.

"Teacher" means a teacher of driver education classes in the public schools of the State of Utah.

"Test" means a division approved knowledge test or driving skills test as approved by the division.

"USOE" means the Utah State Office of Education.

R708-27-3. Standards and Procedures.

(1) A teacher shall become certified by making application and by meeting the requirements of this rule. Application shall be made on a form furnished by the division and shall include the following information:

(a) The name of the teacher who is applying for certification;

(b) The addresses of locations where the teacher will be conducting driver education tests; and

(c) A verification that the teacher has completed division approved training for knowledge and driving skills testing.

(2) The division will offer training to teachers concerning minimum standards which must be met in the administration and scoring of tests.

(3) The division may authorize and train personnel within the public schools to provide the above training to teachers desiring to be certified to administer driver license knowledge and driving skills tests.

(4) When testing students for driver licenses, certified teachers shall use only such driver training tests which are developed and used as a standard by the division for first time driver license applicants.

(5) Knowledge test questions shall be kept in a secure place and shall be accessible only to school officials and to the division. Copies of the tests shall not be retained by students.

(6) The driving skills test shall be conducted on streets, highways and off-road courses only. No simulator testing shall be substituted as part of the final test.

(7) The test results will be valid for driver licensing purposes only if administered in conjunction with approved public driver education courses and by teachers meeting the requirements of these rules.

(8) Records of all student test results shall be retained by the school for a four year period. The records shall be accessible to the division upon request during normal school hours.

(9) Investigations and resolution of complaints relating to testing under this program shall be the responsibility of the USOE.

(10) The USOE shall provide annually, on or before September 30, to the division, a list of all active certified driver education teachers.

R708-27-4. Submittal of Evidence of Student Test Completion.

(1) The following procedures shall be followed by the teacher and the student in submitting evidence of satisfactory completion of knowledge and driving skills testing.

(2) As evidence of satisfactory completion of knowledge testing, the school shall furnish a certificate of knowledge test completion to the student. The certificate shall be a form approved by the division and shall contain:

(a) the student's full legal name;

(b) the student's date of birth;

(c) the name of the school district;

(d) the name of the school;

(e) the school ID number;

(f) results of the knowledge test;

(g) the date the test was passed; and

(h) the signature of the certified teacher who administered the test.

(3) To apply for a Class D learner permit, a student must successfully pass the written knowledge test given by the division, or submit the certificate of knowledge test completion given him by the school.

(4) As evidence of satisfactory completion of driving skills testing and course completion, the school shall furnish a certificate to the student. The certificate shall be a form approved by the division and shall contain the following:

(a) the student's name as it appears on the Utah Lerner permit;

(b) the student date of birth;

(c) the student's date of birth,

(d) original issue date of completion certificate;

(e) results of the driving skills test;

(f) the signature of the certified teacher who administered the test;

(g) the date the test was completed;

(h) the date the driver education course was completed;

(i) the school ID number;

(j) the name of the school district; and

(k) the name of the school.

(5) To apply for a Class D driver license, a student may submit the completed certificate of testing and the certificate of completion of driver training course, as issued to him/her by the school, to a division testing station.

(6) When a student applies for a Class D driver license, the Division may waive it's normally administered knowledge and driving skills tests for students presenting valid certificates of testing.

R708-27-5. Refusal to Certify, Grounds for Cancellation and Suspension of Certification.

(1) The division may refuse to certify teacher applicants who do not meet the standards for training or who submit an application that contains false or incomplete information.

(2) The certification of a teacher shall be effective until cancelled or suspended by the division. The USOE may initiate suspension or cancellation of a certification by providing the division with a written request.

(3) Certification once granted may be cancelled or suspended for non-compliance with these rules.

(4) When the division determines that a need exists to cancel or suspend a teacher's certification, it shall determine an appropriate course of action from the following options:

(a) suspension, pending a plan for remediation leading to reinstatement, or

(b) cancellation of certification.

(5) Reinstatement following cancellation of certification shall consist of completing an approved training plan following cancellation of certification and making application for a new certification.

(6) Certification shall be cancelled when teachers no longer are employed as licensed public school teachers. Teachers who discontinue employment with the USOE and then return to teach driver education must make a new application with the division for a new certification and complete approved training following cancellation of certification.

KEY

driver education, teacher certification

Date of Enactment or Last Substantive Amendment

August 8, 2006

Notice of Continuation

January 20, 2017

Authorizing, Implemented, or Interpreted Law

53A-13-208


Additional Information

Contact

For questions regarding the content or application of rules under Title R708, please contact the promulgating agency (Public Safety, Driver License). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.