Current through Register Vol. 48, No. 38, September 20, 2024
a)
Availability of the Course - Any public school district maintaining grades 9
through 12 must provide the driver education course for any legal resident of
the district between 15 and 21 or, if applicable under Section 14-1.02 of the
School Code, 22 years of age who requests the course, provided the resident is
eligible as set forth in Section 27-24.2 of the Code. All eligible students who
reside in a school district must be provided an equal opportunity to enroll in
driver education. School districts are obligated to make the driver education
course available within a reasonable length of time after each individual's
declaration of intent is made. A "reasonable length of time" shall be
determined based on the student's individual needs and the school district's
ability to meet those needs, provided that the course must be offered within 12
months after the declaration of intent.
1)
Public school districts that include high schools must provide the driver
education course for all eligible students of the district who attend a
nonpublic school that does not offer the course.
2) Nonpublic schools may offer a driver
education course at their own expense.
3) Public school districts that include high
schools must provide the driver education course for all eligible Illinois
students, regardless of the district of their residence, who attend a nonpublic
school located within that school district's boundaries when application is
made by the administrators of the nonpublic school. The application shall
constitute a declaration of intent by the affected student or students.
By April 1 the nonpublic school shall notify the district offering the
course of the names and district numbers of the nonresident students desiring
to take the course the next school year. The district offering the course shall
notify the district of residence of those students affected by April
15. [105 ILCS
5/27-24.4]
4) An eligible student may elect to enroll in
a driver education course at a commercial driver training school at the
student's own expense.
b)
When to Offer the Course - The classroom portion of the course shall be during
the school day and may be offered at other times (i.e., before or after school,
in the evenings or on weekends). The school district shall determine when to
offer the behind-the-wheel portion of the course during the regular school
year, which may be during the school day, at times other than during the school
day, or through a combination of both options; however, this subsection (b)
shall not authorize a school district to offer behind-the-wheel instruction
only during the summer. (Also see subsection (c)(2).)
1) Enrollment in a driver education course
must be closed at the inception of the course, except as provided in subsection
(b)(2). Another course may be started when enrollment warrants.
2) A student who transfers to a new school
after the inception of the driver education course at that school may be
allowed to enroll in the course under the following conditions.
A) The driver education course in which the
student was enrolled at the previous school offered 30 clock hours of classroom
instruction and 6 clock hours of behind-the-wheel instruction.
B) The length of time the student previously
participated in the driver education course (prior to the student's transfer)
is sufficient to allow the student to complete the course at the new school
within the time during which it is offered.
C) The new school has received verification,
either by mail or in an electronic format, of the student's previous
participation in the driver education course (i.e., length of time in the
course, grades received). The verification shall be placed in the student's
temporary school record as defined in 23 Ill. Adm. Code
375.10(Definitions).
3)
A high school
student may be allowed to commence the classroom instruction part of
the driver education course prior to reaching age 15 if the student will be
eligible to complete the entire course within 12 months after being allowed to
commence classroom instruction. [105 ILCS
5/27-24.2]
c) Course Organization - Driver education
courses must be organized according to the standards established in the Act and
this Part.
1) The classroom and the
behind-the-wheel instruction shall be aligned to the course content standards
set forth at 92 Ill. Adm. Code
1060.181
(Teen Accreditation Classroom and Behind-the-Wheel Requirements).
2) The classroom and the behind-the-wheel
instruction each must be scheduled regularly throughout a period of not less
than six complete weeks (four weeks allowable in summer courses and for schools
using block scheduling). A school district may provide a portion of classroom
instruction through a distance learning program. A school district's decision
to allow a student to take a portion of the driver education course through a
distance learning program must be determined on a case-by-case basis and must
be approved by the school's administration, including the student's driver
education teacher, and the student's parent or guardian. Under no circumstances
may the student take the entire driver education course through a distance
learning program.
3)
Behind-the-wheel instruction shall not begin until the student has started
classroom instruction; however, a student may be enrolled in both portions of
the course on a concurrent basis.
4) At least one but not more than three
student observers must be in the car during behind-the-wheel instruction. At
least one hour of observation time is required for each hour of
behind-the-wheel instruction. This subsection (c)(4) does not apply when a
student's Individualized Education Program stipulates that the student receive
behind-the-wheel instruction separately.
d) Dual-Control Cars - The instructor shall
occupy the front passenger seat. The driver education car is to be used for
instructional purposes. A school district may not use the driver education car
for purposes other than those designated by agreement or contract.
e) Contracting - In fulfilling the
requirements of the Act, a public school district must either offer the course
in its own school or must provide the course for its students, and any other
legal residents of the school district who request the course, through a joint
agreement with another public school district or through the provisions of
cooperative school district programs. A school district may contract
with a commercial driver training school approved by the Secretary of
State to provide both the classroom instruction part and the
behind-the-wheel part or either one separately. [105 ILCS
5/27-24.4] If a school district elects to contract
with an SOS approved commercial driver training school, the school district
shall submit the Driver Education - Commercial Driver Training School Contract
Reporting form to the State Board. (See Appendix A.) Each instructor employed
by the commercial driver training school serving public school students under
the age of 18 must meet the personnel requirements of Section
252.40.
1) A public school district may contract for
the provision of the behind-the-wheel portion of the course for students who
have physical limitations that would require the use of a specially equipped
car or for students who require other specialized instruction (e.g., vision or
hearing impairments, cognitive disabilities) provided that:
A) the facility is approved by the Illinois
Secretary of State (SOS) as meeting all of the requirements of 625 ILCS 5 /Ch.
6, Art. IV and rules promulgated by SOS (92 Ill. Adm. Code 1030 (Issuance of
Licenses));
B) each instructor
providing instruction to the public school district's students is certified as
a Driver Rehabilitation Specialist by the ADED - the Association for Driver
Rehabilitation Specialists (see
http://www.aded.net/, 200 First Avenue NW,
Suite 505, Hickory NC 28601); and
C) the facility conducts an evaluation of the
student's physical and cognitive abilities to determine the individualized
course of instruction.
2)
Subject to the limitations set forth in Section 24-24.2 of the Code, a district
that provides driver education through a contract with a commercial driver
training school shall:
A) post the contract
with the commercial driver training school on its website or, if it does not
maintain a website, make the contract available upon request;
B) notify the State Board of Education within
15 calendar days of an instructor leaving the program or a new instructor being
assigned. The notice shall include the instructor's name, birth date and
driver's license number, and the personal identification number assigned by the
State Board;
C) maintain a record
of all materials related to the commercial driving school contract, which shall
be made available to parents and guardians upon request (see Section 27-24.2 of
the Code); and
D) except for a
Certified Driver Rehabilitation Specialist, ensure the teacher meets the
educator licensure and endorsement requirements of Article 21B of the Code. The
teacher shall follow the same evaluation and observation requirements that
apply to non-tenured teachers under Article 24A of the Code. The teacher
evaluation must be conducted by a school administrator employed by the school
district and must be submitted annually to the district superintendent and all
school board members for oversight purposes.
