S.B. 32

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, excluding the full-time equivalent cost of a teacher when the
8 program is taught during regular school hours. 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 allows a school district to provide the classroom portion of driver education through
13 home study or through the electronic high school and allows the schools to 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

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 (i) the full-time equivalent cost of a teacher for a driver education class taught during
36 regular school hours; and
37 (ii) classroom space and classroom maintenance.
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:
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[.];

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;]

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 (1) Local school districts may:
99 (a) allow students to complete the classroom training portion of driver education
100 through the following programs:
101 (i) home study; or
102 (ii) the electronic high school;
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;
105 (c) offer driver education outside of school hours in order to reduce the cost of
106 providing driver education;
107 (d) offer driver education through community education programs;
108 (e) offer the classroom portion of driver education in the public schools and 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 (f) any combination of Subsections (1)(a) through (e).
114 (2) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking 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.

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