Current through Vol. 42, No. 1, September 16, 2024
(a)
Requirements and application for certification. To be certified as
a parent-taught driver education provider, an individual, organization,
company, or other entity must meet the following requirements:
(1) Have offered parent-taught driver
education, for the previous two years, or have been a licensed driver education
instructor or commercial driving school instructor for five years immediately
preceding the application date.
(2)
Submit an application to Service Oklahoma on a form prescribed by Service
Oklahoma [See OAC
260:135-5-119 regarding the
application form].
(3) Must furnish
Service Oklahoma with curriculum which should meet or exceed the course of
study prescribed in OAC
260:135-5-118. If the applicant
is approved and certified by Service Oklahoma as a parent-taught driver
education provider, the curriculum may not be changed in any manner without
prior inspection and approval from Service Oklahoma.
(4) Must furnish Service Oklahoma with the
complete costs to be charged to a customer for the course, along with a blank
copy of the contract or application intended for use with the course. If the
applicant is approved and certified by Service Oklahoma as a parent-taught
driver education provider, no changes in costs or to the contract shall be made
without prior notification to and approval and certification by Service
Oklahoma.
(5) Must have a built-in
comprehensive monitoring system to assure quality control of the instruction of
course materials, both classroom and behind the wheel instruction. The term
"comprehensive monitoring program" means a system of monitoring the progress of
the instruction by the parent instructor so that the provider can certify the
validity of the training.
(6) Agree
to meet all requirements in subsection (b).
(b)
Certification and requirements of
parent-taught driver education providers. All Parent-taught driver
education providers approved and certified by Service Oklahoma shall, upon
certification and during the period of certification:
(1) Include with the course, at no additional
cost to the customer, a minimum of a Two Million Dollar ($2,000,000.00)
(aggregate amount) liability insurance policy, and a One Million Dollar
($1,000,000.00) professional liability insurance policy. The provider shall
agree to hold harmless and free from any liability Service Oklahoma, any of
Service Oklahoma's employees, and the State of Oklahoma. The policy shall be
unexpired, and a renewal or replacement policy shall be in place before the
current policy expires.
(2)
Maintain a surety bond, specifically and individually in the name of the State
of Oklahoma, in the amount of $10,000. In the event the provider is unable to
meet its contractual obligations with Oklahoma parents who have purchased a
parent-taught driver education course from the provider, the bond will be
forfeited for the purpose of disbursing reimbursements for all outstanding
contracts of the provider which were entered into in Oklahoma as a result of
this Subchapter. The bond shall be unexpired, and a renewal or replacement bond
shall be in place before the current bond expires.
(3) Furnish Service Oklahoma, at times and in
a manner agreed to by Service Oklahoma and the provider with a listing of all
approved applications, whether the course is completed or not.
(4) Provide the student with a receipt of
purchase to be included with the packet sent to the student, and a completion
certificate, bearing the seal of the provider, upon successful completion of
the course by the student.
(5)
Maintain all records received from students and parents pertaining to this
Subchapter, including, but not limited to, correspondence, applications,
contracts, and test answer sheets. All records shall be segregated by
individual student, and all records for each student shall be maintained by the
provider for at least one (1) year.
(6) Agree to:
(A) Allow access by Service Oklahoma to all
records maintained by the provider for each student, for purposes of monitoring
and auditing.
(B) Ensure that no
behind-the-wheel instruction is recognized if the student fails to first obtain
an instruction permit from Service Oklahoma.
(C) Provide immediate written notification to
Service Oklahoma of any impropriety or misconduct of any parent teaching a
parent-taught driver education course.
(D) Acknowledge that Service Oklahoma
reserves the right to take prompt and appropriate remedial action against any
parent instructor or parent-taught driver education provider who fails to
comply with any state law or rule regarding a parent-taught driver education
course.
(E) Maintain curriculum
meeting the standards established by Service Oklahoma [see OAC
260:135-5-118 regarding
curriculum].
(F) Allow a Service
Oklahoma representative to conduct on-site compliance inspections, as
necessary, to review records and to observe procedures. All records must be
accessible during normal business hours of the parent-taught driver education
provider for inspection upon request by a Service Oklahoma
representative.
(G) Ensure that the
affidavit required by OAC
260:135-5-117 has been approved
prior to instruction.
(c)
No renewal of certification is
required. Certification by Service Oklahoma is issued to a provider with
the understanding that no renewal of the certification is required. However,
Service Oklahoma may cancel the certification as provided in OAC
260:135-5-120.
(d)
Changes to certified
information. The provider shall notify Service Oklahoma immediately, in
writing, of any changes to the information on the original application for
certification. The provider shall temporarily suspend the sale of courses to
any new applicants until Service Oklahoma has approved the changes. If a change
of ownership occurs, Service Oklahoma reserves the right to request the
provider to halt all future business in Oklahoma as a parent-taught driver
education provider and to reapply for certification.
(e)
Solicitation and
advertising. Any provider approved and certified by Service Oklahoma may
advertise and solicit business for its course in Oklahoma. The phrase
"Certified by Service Oklahoma, State of Oklahoma" must be included in any
printed matter. However, at no time shall the provider state or imply that the
course offered by the provider is recommended by the Division, Service
Oklahoma, any employee of Service Oklahoma, or the State of Oklahoma.
