As an alternative to a driver education course offered by a
course provider approved under rule
761-634.4 (321), a teaching
parent may instruct a student in an approved course of driver education.
(1)
Definitions. As used in
this rule:
"Approved course" means a driver education
curriculum approved by the department that meets the requirements of Iowa Code
section 321.178A and is appropriate for
teaching-parent-directed driver education and related behind-the-wheel
instruction.
"Clear driving record" means the person
currently and during the prior two-year period has not been identified as a
candidate for suspension or revocation of a driver's license under the habitual
offender or habitual violator provisions of rule
761-615.9 (321) or rule
761-615.13 (321); is not subject
to a driver's license suspension, revocation, denial, cancellation,
disqualification, or bar; and has no record of a conviction for a moving
traffic violation determined to be the cause of a motor vehicle
accident.
"Course vendor" means a third-party vendor
that makes available commercially an approved course.
"Student" means a person between the ages of
14 and 21 years who is within the custody and control of the teaching parent
and who holds a valid Iowa noncommercial instruction permit.
"Teaching parent" means the same as defined
in Iowa Code section 321.178A.
(2) Reserved.
(3)
Instruction by a teaching
parent.
a. A teaching parent shall
instruct the student using an approved course.
b. The teaching parent shall select the
course to be used from the list of approved courses posted on the department's
website and shall purchase the course directly from the applicable course
vendor.
c. No person shall provide
driver education as a teaching parent unless the person meets the definition of
a teaching parent, and the department shall not recognize driver education that
was:
(1) Provided by a person who does not
meet the definition of a teaching parent.
(2) Provided to a person who is not a student
as defined in subrule 634.11(1).
(3) Offered under a course other than an
approved course.
(4)
Course completion-certificate of
completion.
a. Upon the student's
completion of an approved course, the teaching parent shall apply for a
certificate of completion on behalf of the student. The teaching parent shall
provide evidence showing the student's completion of an approved course and
substantial compliance with the requirements of Iowa Code section
321.178A, by affidavit signed by
the teaching parent on a form provided by the department. The teaching parent
shall include with the application all documentation, statements,
certifications, and logs required by Iowa Code section
321.178A. The application and
all required documentation, statements, certifications, and logs shall be
submitted to the motor vehicle division.
b. The department shall review the
application and evidence submitted and shall deny certification of completion
if:
(1) The course was not conducted by a
person meeting the definition of a teaching parent for the student for whom
certification is sought.
(2) The
application does not properly identify a student eligible to be instructed in
driver education by the teaching parent.
(3) The application and evidence do not
demonstrate the student's successful completion of an approved
course.
(4) The application and
evidence do not include all documentation, statements, certifications, and logs
required by Iowa Code section
321.178A in adequate and proper
form and content.
(5) The
department has determined that the application should be rejected for any
reason listed in Iowa Code section
321.13.
c. If the application is denied, the
department shall issue a letter of denial to the teaching parent explaining the
reason or reasons for the denial.
d. If the application is approved, the
department shall issue a certificate of completion to the student identified in
the application. A certification of completion issued by the department under
this subrule shall constitute proof of successful completion of an
Iowa-approved course in driver education but shall not be grounds for waiver of
a driving test under 761-subrule 604.31(2).
(5)
Course approval.
a. For a course to become an approved course
under Iowa Code section
321.178A, a vendor of a driver
education curriculum shall submit an application on a form provided by the
department to the motor vehicle division, along with a copy of all proposed
curriculum materials. A vendor offering an electronic curriculum may provide a
uniform resource locator (URL) for the proposed electronic materials.
b. To be designated as an approved course,
the curriculum submitted must, at a minimum, meet the requirements of Iowa Code
section 321.178A, be appropriate for
teaching-parent-directed driver education and related street or highway
instruction, and meet or exceed the required content set forth in the Appendix
to this rule.
c. The department
shall review the application and proposed curriculum and shall issue a letter
of denial to the course vendor explaining the reason or reasons for denial if
the proposed curriculum does not meet the requirements for an approved
course.
d. If the proposed
curriculum is approved, the department shall issue a certificate of approval to
the vendor designating the curriculum as an approved course and shall list the
approved course on the department's website. Course approval will be issued for
one calendar year or for the remainder of a calendar year. The approval expires
on December 31 and must be renewed annually by the submission of an application
on a form provided by the department and all required materials as set forth in
this subrule at least 60 days prior to the expiration date, unless otherwise
approved by the department.
Notes
Iowa Admin. Code
r. 761-634.11
ARC 1612C,
IAB
September 3, 2014/Volume XXXVII, Number 5, effective
10/8/2014
Amended by
IAB
February 12, 2020/Volume XLII, Number 17, effective
3/18/2020
Amended by
IAB
December 1, 2021/Volume XLIV, Number 11, effective
1/5/2022
Amended by
IAB
June 1, 2022/Volume XLIV, Number 24, effective
7/6/2022
