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S.B. 32


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House Committee Amendments 2-25-2003 kh/mgt

Senate 3rd Reading Amendments 2-13-2003 rd/mgt

Senate 2nd Reading Amendments 2-11-2003 sm/mgt

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Senate Committee Amendments 2-5-2003 rd/mgt
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Feb 11, 2003 at 12:26 PM by smaeser. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Thu, Feb 13, 2003 at 11:43 AM by rday. --> This document includes House Committee Amendments incorporated into the bill on Tue, Feb 25, 2003 at 11:41 AM by kholt. -->              1
    
DRIVER EDUCATION COURSES

             2     
2003 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Carlene M. Walker

             5      This act modifies the State System of Public Education by requiring school districts to
             6      fund driver education programs solely through the Automobile Driver Education Tax
             7      Account and student fees h S [ [ ] , excluding the full-time equivalent cost of a teacher when the
             8      program is taught during regular school hours
[ ] ] [ THIS ACT ALLOWS THE FULL-TIME EQUIVALENT
             8a      COST OF A TEACHER FOR A DRIVER EDUCATION CLASS TAUGHT DURING REGULAR SCHOOL
             8b      HOURS TO BE EXCLUDED FROM THE DETERMINATION OF THE COST OF DRIVER EDUCATION
             8c      UNTIL JULY 1, 2005. s
] h . This act also requires school districts to
             9      establish student fees that are reasonably associated with the costs of driver education
             10      programs. This act allows school districts to be reimbursed by the Automobile Driver
             11      Education Account for the costs of fees waived for the driver education program. This
             12      act h S [ [ ] allows a school district to provide [ ] ] [ REQUIRES A SCHOOL DISTRICT THAT
             12a1      PROVIDES DRIVER
             12a      EDUCATION TO OFFER s
] h
the classroom portion of driver education through
             13      home study or through the electronic high school and h S[ [ ] allows [ ] ][ REQUIRES s ] h the schools to
             13a      provide
             14      material for parent involvement in driver education. This act allows a school district to
             15      offer the classroom portion of driver education and the behind-the-wheel portion to be
             16      offered by private providers. This act requires the State Board of Education to establish
             17      minimum standards for school-related driver education programs. This act takes effect
             18      on July 1, 2003.
             19      This act affects sections of Utah Code Annotated 1953 as follows:
             20      AMENDS:
             21          53A-13-202, as last amended by Chapter 169, Laws of Utah 2000
             22          53A-13-204, as enacted by Chapter 2, Laws of Utah 1988
             23      ENACTS:
             24          53A-13-209, Utah Code Annotated 1953
             25      Be it enacted by the Legislature of the state of Utah:
             26          Section 1. Section 53A-13-202 is amended to read:


             27           53A-13-202. Driver education funding -- Reimbursement of school districts for



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House Committee Amendments 2-25-2003 kh/mgt

Senate 3rd Reading Amendments 2-13-2003 rd/mgt

Senate 2nd Reading Amendments 2-11-2003 sm/mgt

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Senate Committee Amendments 2-5-2003 rd/mgt
             28
     driver education class expenses -- Limitations -- Excess funds -- Student fees.
             29          (1) (a) Except as provided in Subsection (1)(b), a school district that provides driver
             30      education shall fund the program solely through:
             31          (i) funds provided from the Automobile Driver Education Tax Account in the Uniform
             32      School Fund as created under Section 41-1a-1205 ; and
             33          (ii) student fees collected by each school.
             34          (b) In determining the cost of driver education, a school district may exclude:
             35           h S[ [ ] (i) the full-time equivalent cost of a teacher for a driver education class taught during
             36      regular school hours; and
             37          (ii)
[ ] ] s h classroom space and classroom maintenance h S [ [ ] . [ ] ] [ ; AND
             37a          (ii) UNTIL JULY 1, 2005, THE FULL-TIME EQUIVALENT COST OF A TEACHER FOR A DRIVER
             37b      EDUCATION CLASS TAUGHT DURING REGULAR SCHOOL HOURS . s
] h

             38          (c) A school district may not use any additional school funds beyond those allowed
             39      under Subsection (1)(b) to subsidize driver education.
             40          [(1)] (2) (a) The state superintendent of public instruction shall, prior to September 2nd
             41      following the school year during which it was expended, or may at earlier intervals during that
             42      school year, reimburse each school district that applied for reimbursement [and] in accordance
             43      with this section.
             44          (b) A school district that maintains driver education classes that conform to [Section
             45      53A-13-201 ] this part and the rules prescribed by the board may apply for reimbursement for
             46      the actual cost of providing the behind-the-wheel and observation training incidental to those
             47      classes.
             48          [(2)] (3) Under the state board's supervision for driver education, a school district may
             48a      h [ S CONSISTENT WITH SECTION 53A-3-410 , s ] h :
             49          (a) employ personnel who are not licensed by the board under Section 53A-6-104; or
             50      [may]
             51          (b) contract with private parties or agencies licensed under Section 53-3-504 for the
             52      behind-the-wheel phase of the [driver's] driver education program.
             53          [(3)] (4) The reimbursement amount shall be paid out of the Automobile Driver
             54      Education [Fee] Tax Account in the Uniform School Fund and may not exceed [the state
             55      average behind-the-wheel and observation training costs based on uniform accounting for the
             56      preceding year but not to exceed]:


             57          (a) $100 per student who has completed [such a standard] driver education [course]
             58      during the school year[.];



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             59
         (b) $30 per student who has only completed the classroom portion in the school or
             60      through the electronic high school during the school year; or
             61          (c) $70 per student who has only completed the behind-the-wheel and observation
             62      portion in the school during the school year.
             63          [(4)] (5) If the amount of money in the account at the end of a school year is less than
             64      the total of the reimbursable costs, the state superintendent of public instruction shall allocate
             65      the money to each school district in the same proportion that its reimbursable costs bear to the
             66      total reimbursable costs of all school districts.
             67          [(5)] (6) If the amount of money in the account at the end of any school year is more
             68      than the total of the reimbursement costs provided under Subsection (4), the superintendent
             69      may allocate the excess funds to school districts:
             70          (a) to reimburse each school district that applies for reimbursement of the cost of a fee
             71      waived under Section 53A-12-103 for driver education; and
             72          (b) to aid in the procurement of equipment and facilities which reduce the cost of
             73      behind-the-wheel instruction.
             74          (7) A local school board shall establish the student fee for driver education for the
             75      school district. Student fees shall be reasonably associated with the costs of driver education
             76      that are not otherwise covered by reimbursements and allocations made under this section.
             77          Section 2. Section 53A-13-204 is amended to read:
             78           53A-13-204. Reports as to costs of driver training programs.
             79          A local school board seeking reimbursement shall, at the end of each school year and at
             80      [such] other times as designated by the State Board of Education, report the following to the
             81      state superintendent of public instruction:
             82          (1) the costs of providing driver education including a separate accounting for:
             83          (a) course work; and
             84          (b) behind-the-wheel and observation training to students;
             85          (2) the costs of fees waived under Section 53A-12-103 for driver education including a
             86      separate accounting for:
             87          (a) course work; and
             88          (b) behind-the-wheel and observation training to students;
             89          [(2)] (3) the number of students who completed [a standard] driver education [course;]



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House Committee Amendments 2-25-2003 kh/mgt

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Senate Committee Amendments 2-5-2003 rd/mgt
             90
     including a separate accounting for:
             91          (a) course work; and
             92          (b) behind-the-wheel and observation training to students;
             93          [(3)] (4) whether or not a passing grade was received; and
             94          [(4) such] (5) any other information [as] the State Board of Education may require for
             95      the purpose of administering this program.
             96          Section 3. Section 53A-13-209 is enacted to read:
             97          53A-13-209. Programs authorized -- Minimum standards.
             98           h S [ [ ] (1) Local school districts may: [ ] ] [ (1) A SCHOOL DISTRICT THAT PROVIDES DRIVER
             98a      EDUCATION SHALL: s
] h

             99          (a) allow students to complete the classroom training portion of driver education
             100      through the following programs:
             101          (i) home study; h S [ [ ] or [ ] ] s h
             102          (ii) the electronic high school; h [ S OR
             102a          (iii) OTHER PROGRAMS NOT INVOLVING DIRECT CLASSROOM INSTRUCTION DURING THE
             102b      REGULAR SCHOOL DAY, APPROVED BY THE DISTRICT; AND s
] h

             103          (b) provide each parent with driver education instructional materials to assist in parent
             104      involvement with driver education including behind-the-wheel driving materials h S [ [ ] ; [ ] ] [ . ] s h
             105           h S [ [ ] (c) [ ] ] [ (2) A SCHOOL DISTRICT THAT PROVIDES DRIVER EDUCATION MAY:
             105a          (a) s
] h
offer driver education outside of school hours in order to reduce the cost of
             106      providing driver education;
             107           h S [ [ ] (d) [ ] ] [ ( b ) s ] h offer driver education through community education programs;
             108           h S [ [ ] (e) [ ] ] [ (c) s ] h offer the classroom portion of driver education in the public schools and
             108a      allow the
             109      student to complete the behind-the-wheel portion with a private provider:
             110          (i) licensed under Section 53-3-504 ; and
             111          (ii) not associated with the school or under contract with the school under Subsection
             112      53A-13-202 (3); or
             113           h S [ [ ] (f) [ ] ] [ (d) s ] h any combination of Subsections h S [ [ ] (1)(a) through (e) [ ] ] [ (2)(a)
             113a      THROUGH ( c) s ] h .
             114           h S [ [ ] (2) [ ] ] [ (3 ) s ] h In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
             114a      Act, the
             115      State Board of Education shall establish minimum standards for the school-related programs
             116      under Subsection (1).
             117          Section 4. Effective date.


             118          This act takes effect on July 1, 2003.



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Legislative Review Note
    as of 11-26-02 3:17 PM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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