53A-13-202. Driver education funding -- Reimbursement of school districts for
driver education class expenses -- Limitations -- Excess funds -- Student fees.
(1) (a) Except as provided in Subsection (1)(b), a school district that provides driver
education shall fund the program solely through:
(i) funds provided from the Automobile Driver Education Tax Account in the Uniform
School Fund as created under Section 41-1a-1205; and
(ii) student fees collected by each school.
(b) In determining the cost of driver education, a school district may exclude:
(i) the full-time equivalent cost of a teacher for a driver education class taught during
regular school hours; and
(ii) classroom space and classroom maintenance.
(c) A school district may not use any additional school funds beyond those allowed under
Subsection (1)(b) to subsidize driver education.
(2) (a) The state superintendent of public instruction shall, prior to September 2nd
following the school year during which it was expended, or may at earlier intervals during that
school year, reimburse each school district that applied for reimbursement in accordance with
this section.
(b) A school district that maintains driver education classes that conform to this part and
the rules prescribed by the board may apply for reimbursement for the actual cost of providing
the behind-the-wheel and observation training incidental to those classes.
(3) Under the state board's supervision for driver education, a school district may:
(a) employ personnel who are not licensed by the board under Section 53A-6-104; or
(b) contract with private parties or agencies licensed under Section 53-3-504 for the
behind-the-wheel phase of the driver education program.
(4) The reimbursement amount shall be paid out of the Automobile Driver Education
Tax Account in the Uniform School Fund and may not exceed:
(a) $100 per student who has completed driver education during the school year;
(b) $30 per student who has only completed the classroom portion in the school or
through the electronic high school during the school year; or
(c) $70 per student who has only completed the behind-the-wheel and observation
portion in the school during the school year.
(5) If the amount of money in the account at the end of a school year is less than the total
of the reimbursable costs, the state superintendent of public instruction shall allocate the money
to each school district in the same proportion that its reimbursable costs bear to the total
reimbursable costs of all school districts.
(6) If the amount of money in the account at the end of any school year is more than the
total of the reimbursement costs provided under Subsection (4), the superintendent may allocate
the excess funds to school districts:
(a) to reimburse each school district that applies for reimbursement of the cost of a fee
waived under Section 53A-12-103 for driver education; and
(b) to aid in the procurement of equipment and facilities which reduce the cost of
behind-the-wheel instruction.
(7) A local school board shall establish the student fee for driver education for the school
district. Student fees shall be reasonably associated with the costs of driver education that are not
otherwise covered by reimbursements and allocations made under this section.
Amended by Chapter 23, 2003 General Session
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Last revised: Thursday, May 28, 2009