Original Notice.

Preproposal statement of inquiry was filed as WSR 00-23-062.

Title of Rule: Chapter 392-153 WAC, Traffic safety education.

Purpose: To clarify and update old insufficient language. Establish and implement rules as a result of ESSB 6264. The Attorney General's Office has requested rules to establish discipline; emergency and grounds for denial; suspension or revocation. Establish a burden of proof section.

Statutory Authority for Adoption: ESSB 6264, chapter 28A.220 RCW, RCW 46.20.100.

Summary: The revision will help to update and clarify old insufficient language and establish rules of discipline, due process and amend legal language currently omitted.

Reasons Supporting Proposal: Passing of ESSB 6264 and advisement from the Attorney General's Office.

Name of Agency Personnel Responsible for Drafting: Linda Harrison, Office of Superintendent of Public Instruction, (360) 586-7436; Implementation: Marcia Riggers, Office of Superintendent of Public Instruction, (360) 753-1142; and Enforcement: Sue Carnahan, Office of Superintendent of Public Instruction, (360) 753-0235.

Name of Proponent: Office of Superintendent of Public Instruction, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: To clarify and update old insufficient language. Establish and implement rules as a result of ESSB 6264. The Attorney General's Office has requested rules to establish discipline, emergency and grounds for denial, suspension or revocation. Also established is a section on burden of proof.

Proposal Changes the Following Existing Rules: Already defined above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There should not be an economic impact.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Old Capitol Building, Brouillet Conference Room, 4th Floor, P.O. Box 47200, Olympia, WA 98504-7200, on June 29, 2001, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Doug Gill by June 15, 2001, TDD (360) 664-3631, or (360) 753-6733.

Submit Written Comments to: Legal Services, Office of Superintendent of Public Instruction, P.O. Box 47200, 600 South Washington Street, Olympia, WA 98504-7200, fax (360) 753-4201, by June 28, 2001.

Date of Intended Adoption: July 2, 2001.

May 9, 2001

Dr. Terry Bergeson

Superintendent of Public Instruction

OTS-4605.3

NEW SECTION
WAC 392-153-001   Authority.   RCW 28A.220.030 and 46.20.100 authorize the superintendent of public instruction to adopt rules and regulations governing the operation and scope of the traffic safety program and to monitor the quality of the program and carry out the purpose of this chapter regarding all public, commercial, and private traffic safety programs.

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[Statutory Authority: RCW 28A.220.030. 92-03-138 (Order 92-04), § 392-153-005, filed 1/22/92, effective 2/22/92; Order 6-77, § 392-153-005, filed 7/27/77, effective 9/11/77; Order 13-76, § 392-153-005, filed 12/21/76; Order 7-75, § 392-153-005, filed 12/22/75.]

     (2) "Classroom instruction" ((shall)) means that portion of a traffic safety education course, based in a classroom environment, which is characterized by student learning under the management of a qualified teacher or teachers. Such classroom instruction shall consist of not less than thirty hours of teacher contact time in a classroom setting and where direct instruction, or teacher-led activities, does not constitute less than fifty percent of the classroom instruction.

     (3) "Laboratory experience" shall mean that portion of a traffic safety education course, covering motor vehicle operation under real or simulated conditions, characterized by student learning experiences arising from use of simulation equipment, an off-street multiple car driving range, and/or on-street driving ((practice)) experience in a dual controlled car under the direction of a teacher.

     (4) A "qualified teacher of traffic safety education" shall mean an instructor certificated under the provisions of chapter 28A.410 RCW and certificated by the superintendent of public instruction to teach either the classroom phase or the laboratory phase of the traffic safety education course, or both, under regulations promulgated by the superintendent: Provided, That the laboratory phase of the traffic safety education course may be taught by instructors certificated under rules promulgated by the superintendent of public instruction, exclusive of any requirement that the instructor be certificated under the provisions of chapter 28A.410 RCW. Commercial instructors certificated under the provisions of chapter 46.82 RCW, and participating in this program, shall be subject to qualification requirements jointly adopted by the superintendent of public instruction and the director of the department of licensing.

     (5) "Course work" means credits (normally 100 level or above) awarded by a regionally accredited institution as defined in WAC 180-78A-010(6) or continuing education credit pursuant to chapter 180-85 WAC and approved by the superintendent of public instruction as traffic safety professional growth for the betterment of the teacher's instructional ability. Definition of "course work" shall apply when applying for conditional renewals and continuing education.

     (6) "Certification of parent involvement" means where a parent, guardian, or employer has verified in writing to the department of licensing that the driver license applicant, under eighteen years of age (as of 7/1/2001) has had at least fifty hours of guided practice driving experience, ten of which were at night, during which the driver was supervised by a person at least twenty-one years of age who has had a valid driver's license for at least five years.

     (7) "Implementation of guided practice" means the process which traffic safety personnel provides information on models for parent guided practice. This may include school policy on the requirement and delivery of guided practice.

     (8) "Clock hour" of course work or instruction is defined as not less than sixty minutes of instruction time.

     (9) "Teacher trainer" is a person who has completed course work approved by the office of the superintendent of public instruction in teacher preparation for traffic safety education.

[Statutory Authority: 1990 c 33. 90-16-002 (Order 18), § 392-153-010, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 46.81.020. 80-09-027 (Order 80-24), § 392-153-010, filed 7/9/80; Order 6-77, § 392-153-010, filed 7/27/77, effective 9/11/77; Order 13-76, § 392-153-010, filed 12/21/76; Order 7-75, § 392-153-010, filed 12/22/75. Formerly WAC 392-50-010.]

     (2) Upon an annual review for program approval, current traffic safety education programs and program applicants will receive notification of program approval status.

[Statutory Authority: RCW 28A.220.030. 92-03-138 (Order 92-04), § 392-153-014, filed 1/22/92, effective 2/22/92.]

[Statutory Authority: RCW 28A.220.030. 92-03-138 (Order 92-04), § 392-153-015, filed 1/22/92, effective 2/22/92. Statutory Authority: RCW 46.81.020. 80-09-027 (Order 80-24), § 392-153-015, filed 7/9/80; Order 6-77, § 392-153-015, filed 7/27/77, effective 9/11/77; Order 13-76, § 392-153-015, filed 12/21/76; Order 7-75, § 392-153-015, filed 12/22/75. Formerly WAC 392-50-020.]

     (2) In all proceedings, where public schools contract the behind the wheel portion to a commercial school, any and all portions of contracted activity shall be considered to be under the jurisdiction of the public school program.

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     (a) Possesses a valid Washington state driver's license or a valid license issued by an adjacent state provided the person is a legal resident of the adjacent state and is employed by a Washington school district, commercial or private school.

     (b) Provides a complete record(s) or complete abstract, to the employing school district or commercial or private school, on an annual basis from the Washington state department of licensing and/or other driver licensing jurisdiction for a five-year period showing:

     (i) Not more than one moving traffic violation within the preceding 12 months or more than two moving traffic violations in the preceding 24 months;

     (ii) No alcohol related traffic violation, conviction or infraction within the preceding ((three)) five years;

     (iii) No driver's license suspension, cancellation, revocation or denial within the preceding three years.

     (c) Verification by the employing school district, private or commercial driving school that the applicant complies with all of the requirements for teaching traffic safety education as set forth in this chapter.

     (d) Has completed ((the equivalent of four 3-quarter credit hour courses in traffic safety education)) 12 quarter hours (8 semester hours) of course work from a regionally accredited institution as defined in WAC 180-78A-010(6) and as approved by the office of the superintendent of public instruction.

     (((d))) (e) Possesses a valid traffic safety education endorsement issued by the superintendent of public instruction.

     (2) Any person endorsed by the superintendent of public instruction to teach traffic safety education in the state of Washington prior to May 27, 1969, and who possesses a conditional certificate but does not hold a valid teaching certificate required by WAC 392-153-010 (4), shall continue to be qualified to teach both classroom and laboratory phase of traffic safety education in this state on the condition that he or she renew such conditional certificate on a two-year basis and maintain a satisfactory driving record as set forth above in WAC 392-153-020 (1)(a) and (1)(b). Such endorsed person must fulfill all requirements relating to continuing education.

     (3) ((The laboratory phase of the traffic safety education course may be taught by a commercial instructor licensed by the department of licensing pursuant to chapter 46.82 RCW or an instructor who, although not certificated pursuant to chapter 28A.410 RCW or chapter 46.82 RCW, serves under the supervision of the district traffic safety education program coordinator or his/her designee and who meets the following qualifications:

     (a) Possesses a valid Washington state driver's license.

     (b) Is at least 21 years of age.

     (c) Has at least 5 years of driving experience.

     (d) Holds a high school diploma or its equivalent.

     (e) Provides a record(s) from the Washington state department of licensing and/or other driver licensing jurisdiction for a 5 year period showing a satisfactory driving record as set forth above in WAC 392-153-020 (1)(b).

     (f) Provides evidence of the following:

     (i) Completion of at least sixty 60-minute clock hours of study in the field of driving instruction as required by RCW 46.82.330 and as approved by the office of the superintendent of public instruction and the department of licensing;

     (ii) Completion of behind-the-wheel supervised practice in instructing;

     (iii) A recommendation for a certificate from a school district superintendent or designee, or from a commercial school approved by the office of the superintendent of public instruction.

     (g) Passes practical and knowledge examinations developed and administered by the department of licensing and required under provisions of chapter 46.82 RCW for commercial instructors.

     (h) Provides evidence to an agent approved by the office of the superintendent of public instruction of the following instructional competencies:

     (i) Uses teaching methods which allow for individual student driving abilities, reduces student anxieties, and involves backseat observers;

     (ii) Communicates clearly, using appropriate technical vocabulary;

     (iii) Select routes for on-street and on-site lessons and conducts student learning activities from simple to complex which correspond with the learner's mental, physical and emotional performance capabilities in coordination with classroom activities;

     (iv) Maintains a position within the vehicle for awareness of the traffic scene and utilizes control instruments to maintain safety and facilitate instruction;

     (v) Applies uniform evaluation criteria in assessing needs and progress of students during and after each lesson.

     (i) Persons desiring to teach in the simulator or on the multiple car driving range shall provide evidence of having completed an additional thirty clock hours of study which includes supervised practice in instructing in each area as approved by the office of the superintendent of public instruction and the department of licensing: Provided, That a person who holds a valid certificate under the provisions of chapter 28A.410 RCW and meets the requirements for traffic safety certification set forth under WAC 392-153-020(1) who is employed as a paraprofessional shall not be required to meet any of the requirements set forth above in WAC 392-153-020(3).

     (4) The superintendent of public instruction may issue the conditional certificate to any person who files an application, pays the appropriate fee(s), and meets the requirements set forth in WAC 392-153-020 (2) or (3) for certification as an instructor of the laboratory phase of traffic safety education.

     (5) Certificates issued to teach the laboratory phase of traffic safety education under provisions of chapter 392-153 WAC shall be valid for two years or less and only for the activity specified. Reissuance of such certificates shall be subject to the following requirements:

     (a) Verification of employment or intent to employ;

     (b) Verification of a satisfactory driving record;

     (c) Verification of having completed 60 clock hours of course work since the issuance of the most recent certificate as approved by the employing school district or employing driving school.

     (6) The fee for the conditional certificate shall be $10.00 which shall be remitted to an educational service district.

     (7) When no person with regular certification endorsed in traffic safety education is available as verified by the school district or education service district or commercial school the classroom phase may be taught by an instructor licensed by the department of licensing and holds or has held a conditional certificate from the superintendent of public instruction and meets the following qualifications:

     (a) Possesses a valid Washington state driver's license.

     (b) Is at least 21 years of age.

     (c) Has at least 5 years of driving experience.

     (d) Holds a high school diploma or its equivalent.

     (e) Provides a record or records from the Washington state department of licensing and/or other driver licensing jurisdiction for a 5-year period showing a satisfactory driving record as set forth in subsection (1)(b) of this section.

     (f) Provides evidence of the following:

     (i) Completion of at least 1,000 hours of behind the wheel teaching experience.

     (ii) Completion of an 80-hour instructor training program approved by the office of the superintendent of public instruction.

     (iii) The 80-hour instructor training course shall consist of not less than the following content areas: Teaching techniques, classroom management, use of technology and media, course content covering WAC 392-153-032, student evaluation and classroom teaching experience.

     (iv) A recommendation for a classroom conditional certificate from the district superintendent or designee or the commercial school owner.

     (8) Certificates issued to teach the classroom phase of traffic safety education under provisions of chapter 392-153 WAC shall be valid for two years or less and only for the activity specified. Reissuing of such certificates shall be subject to the following requirements:

     (a) Verification of employment or intent to employ.

     (b) Verification of a satisfactory driving record.

     (c) Verification of having completed 60 hours of course work since the issuance of the most recent certificate as approved by the employing school district or employing commercial driving school.)) The course work requirement for certificated teachers endorsed in traffic safety education shall be sixty clock hours every five years or equivalent college credit in traffic safety education.

[Statutory Authority: RCW 46.20.100(2), 28A.220.020 (2), (3), (4), and 28A.220.030(1). 96-24-044 (Order 96-18), § 392-153-020, filed 11/27/96, effective 12/28/96. Statutory Authority: 1990 c 33. 90-16-002 (Order 18), § 392-153-020, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 46.81.020. 80-09-027 (Order 80-24), § 392-153-020, filed 7/9/80; Order 5-77, § 392-153-020, filed 7/27/77, effective 9/11/77; Order 13-76, § 392-153-020, filed 12/21/76; Order 7-75, § 392-153-020, filed 12/22/75. Formerly WAC 392-50-030.]

     (2) The laboratory phase of the traffic safety education course may be taught by a commercial instructor licensed by the department of licensing pursuant to chapter 46.82 RCW or an instructor who, although not certificated pursuant to chapter 28A.410 or 46.82 RCW, serves under the supervision of the Washington state school district traffic safety education program coordinator or his/her designee and who meets the following qualifications:

     (a) Possesses a valid Washington state driver's license.

     (b) Is at least twenty-one years of age.

     (c) Has at least five years of driving experience.

     (d) Holds a high school diploma or its equivalent.

     (e) Provides a complete record(s) or complete abstract, to the employing school district, commercial, or private school, on an annual basis from the Washington state department of licensing and/or other driver licensing jurisdiction for a five-year period as set forth in WAC 392-153-020.

     (f) Provides evidence of the following:

     (i) Completion of at least sixty hours of course work as defined in WAC 392-153-010(5) in the field of driving instruction taught by a teacher-trainer as approved by the office of the superintendent of public instruction and the department of licensing;

     (ii) Completion of behind-the-wheel supervised practice in instructing;

     (iii) A request for a certificate from a school district or private school superintendent or designee, or from a commercial school owner approved by the office of the superintendent of public instruction that wishes to employ the instructor.

     (g) Passes practical and knowledge examinations developed and administered by the department of licensing and required under provisions of chapter 46.82 RCW for commercial instructors.

     (h) Provides evidence to an agent approved by the office of the superintendent of public instruction of the following instructional competencies:

     (i) Uses teaching methods which allow for individual student driving abilities, reduces student anxieties, and involves backseat observers;

     (ii) Communicates clearly, using appropriate technical vocabulary;

     (iii) Establishes, utilizes and/or follows teaching lesson plans, selects routes for behind the wheel lessons and conducts student learning activities from simple to complex which correspond with the learner's mental, physical and emotional performance capabilities in coordination with classroom activities;

     (iv) Maintains a position within the vehicle for awareness of the traffic environment and utilizes visual skills and physical control instruments to maintain safety and facilitate instruction;

     (v) Applies uniform evaluation criteria in assessing needs and progress of students during and after each lesson and gives appropriate prescription for additional driving experience and/or parent guided practice.

     (i) Persons desiring to teach in the simulator or on the multiple car driving range shall provide evidence of having completed an additional thirty hours of course work as defined by WAC 392-153-010(5) which includes supervised practice in instructing in each area as approved by the office of the superintendent of public instruction and the department of licensing: Provided, That a person who holds a valid certificate under the provisions of chapter 28A.410 RCW and meets the requirements for traffic safety certification set forth under WAC 392-153-020(1) who is employed as a conditionally certificated person shall not be required to meet any of the requirements set forth in WAC 392-153-020(3).

     (3) The superintendent of public instruction may issue the conditional certificate to any person who completes all course work, and complies with chapter 180-79A WAC. An applicant must meet all the requirements set forth in WAC 392-153-020 (2) or (3) for certification as an instructor of the laboratory phase of traffic safety education and provide evidence to an agent approved by the office of the superintendent of public instruction of the following instructional competencies listed in WAC 392-153-020.

     (4) The classroom conditional teacher-training course is to be taught by a regionally accredited college as defined in WAC 180-78A-010(6), state approved teacher training program, or teacher trainer approved by the superintendent of public instruction.

     (5) Conditional certificates issued to teach the laboratory phase of traffic safety education under provisions of chapter 392-153 WAC shall be valid for two years or less and only for the activity specified. Reissuance of such certificates shall be subject to the following requirements:

     (a) Verification of employment or intent to employ;

     (b) Verification of a satisfactory driving record as outlined in WAC 392-153-020;

     (c) Verification of having completed sixty clock hours of course work since the issuance of the most recent certificate as approved by the employing school district or employing driving school in accordance with WAC 392-153-010(5).

     (6) The conditional certificate fee and requirements shall be in accordance with chapter 180-79A WAC.

     (7) When no person with regular certification endorsed in traffic safety education is available as verified by the school district or education service district or commercial school, the classroom phase may be taught by an instructor licensed by the department of licensing and who holds or has held a conditional certificate from the superintendent of public instruction and meets the following qualifications:

     (a) Possesses a valid Washington state driver's license.

     (b) Is at least twenty-one years of age.

     (c) Has at least five years of driving experience.

     (d) Holds a high school diploma or its equivalent.

     (e) Provides a complete record or records from the Washington state department of licensing and/or other driver licensing jurisdiction for a five-year period showing a satisfactory driving record as set forth in subsection (2)(e) of this section.

     (f) Provides evidence of the following: Provides evidence to an agent approved by the office of the superintendent of public instruction of the following instructional competencies:

     (i) Completion of at least 1,000 hours of behind-the-wheel teaching experience over a two-year period.

     (ii) Completion of an eighty clock hours instructor training course is to be taught by a regionally accredited college as defined in WAC 180-78A-010(6), state approved teacher training program, or teacher trainer approved by the superintendent of public instruction.

     (iii) The 80-hour instructor training course shall consist of not less than the following content areas: Teaching techniques, classroom management, use of technology and media, course content covering WAC 392-153-032, student evaluation, classroom teaching experience and writing lesson plans.

     (iv) A recommendation for a classroom conditional certificate from the school district superintendent or designee, private school administrator or designee, or the commercial school owner.

     (8) Certificates issued to teach the classroom phase of traffic safety education under provisions of chapter 392-153 WAC shall be valid for two years or less and only for the activity specified. Reissuing of such certificates shall be subject to the following requirements:

     (a) Verification of employment or intent to employ.

     (b) Verification of a satisfactory driving record.

     (c) Verification of having completed 60 hours of course work since the issuance of the most recent certificate as approved by the employing school district or employing commercial driving school in accordance with WAC 392-153-010(5).

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     (2) Conduct by an owner or instructor which does not meet a realistic level of effort as described in WAC 392-153-032 or that amounts to a behavior problem which endangers the educational welfare or personal safety of students, teachers, or other colleagues, is grounds for denial, reprimand, suspension, or revocation of program approval whether or not the conduct constitutes a crime. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to denial, reprimand, suspension, or revocation action.

     (3)(a) Any instructor in traffic safety education for public, private, or commercial driving school in voluntary treatment for alcohol or other drug misuse shall have his or her certification endorsement suspended until successful treatment is satisfactorily completed and the completion is confirmed by a state-approved alcohol or other drug treatment program at which time the certification endorsement will be reinstated.

     (b) In all cases of alcohol related infractions, deferred prosecution and/or convictions under chapter 10.05 RCW, the certification endorsement shall be suspended until the court confirms successful completion of the court approved treatment program at which time the certification endorsement will be reinstated.

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     (2) The superintendent of public instruction may assign the adjudicative proceeding to the office of administrative hearings and may delegate final decision-making authority to the administrative law judge conducting the hearing.

     (3) The superintendent of public instruction may appoint a person to review initial orders and to prepare and enter final agency orders in accordance with RCW 34.05.464.

     (4) Any person who disagrees with the superintendent of public instruction or its designee's determination of failure to meet any traffic safety education program approval qualifications, may request that the school district or driving school forward the pertinent records to the superintendent of public instruction. After review or investigation, the superintendent of public instruction will grant, deny, reprimand, suspend, or revoke the program approval.

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     (1) Equipment. Every vehicle used in on-street instruction shall be equipped with a dual control brake, rear view mirror for the instructor, and seat belts for each occupant.

     (2) Signing. Every vehicle used in on-street instruction shall have a sign where the lettering and background colors shall be of contrasting shades so as to be clearly readable at one hundred feet in clear daylight. The sign shall be readable from the rear with normal vision from a safe following distance. The sign shall designate the vehicle as a traffic safety education vehicle or a vehicle driven by a student driver((, or display a recognizable symbol designating student driver)). The sign shall have letter size not less than two inches high.

     (3) Use. A traffic safety education vehicle shall be used exclusively for traffic safety education purposes while the course is in session.

     (4) Inspection. Every vehicle used in the public, commercial and private traffic safety education program shall pass ((the)) a safety inspection requirement pursuant to WAC 392-143-070 and 392-153-025. Commercial and private programs, in lieu of chapter 46.32 RCW, shall use the superintendent of public instruction approved self-inspection form unless providing a contracted service for the laboratory phase to a public school. The approved self-inspection form shall be submitted annually to the superintendent of public instruction for each vehicle used for behind-the-wheel instruction and shall be on file at the commercial or private driving school.

[Statutory Authority: RCW 46.20.100(2), 28A.220.020 (2), (3), (4), and 28A.220.030(1). 96-24-044 (Order 96-18), § 392-153-025, filed 11/27/96, effective 12/28/96; Order 13-76, § 392-153-025, filed 12/21/76; Order 7-75, § 392-153-025, filed 12/22/75. Formerly WAC 392-50-040.]

     The student shall be taught at least the following program concepts: introduction to highway transportation system; preparing and controlling the vehicle; maneuvering in limited space; signs, signals, and pavement markings; vehicle characteristics; human functions used in driving; roadway variations; intersections; management of time and space; lane changes; passing; nonmotorized traffic; internal factors affecting driving performance; physical factors affecting driving performance; alcohol and drugs; vehicle maintenance; planning for travel; limited visibility; reduced traction; special driving conditions; vehicle malfunctioning; avoiding and minimizing impact; post-crash responsibilities; legal responsibilities; highway transportation system improvement; fuel conservation; and motorcycle awareness. The guide shall also include:

     (a) The performance objectives appropriate for the area of instruction.

     (b) The methods of instruction used by the teacher in presenting the material where direct instruction does not constitute less than fifty percent of the classroom instruction as approved by the superintendent of public instruction.

     (c) The student activities that will enable a student to accomplish the objectives and to the extent possible allow for individual differences.

     (d) The level of competency each student is to successfully complete for each objective.

     (e) The evaluation criteria for the classroom and laboratory phase.

     (f) A flow chart that indicates how the classroom and laboratory lessons are sequenced and integrated.

     (2) A student enrolled in a traffic safety education program must have a Washington driver's permit within seven days of the start date of the traffic safety education classroom instruction. A student shall meet the objectives and competencies listed in the district, private and commercial driving school curriculum guide, as approved by the office of the superintendent of public instruction, as a condition of successful completion of the traffic safety education program. Effective January 31, 2003, all completing students must pass a comprehensive written and driving test as verified by providing results of achieving a criteria of not less than eighty percent accuracy rate. Comprehensive written exams must be approved or provided by the superintendent of public instruction.

     For the purposes of school district reporting and state reimbursement a completing student means a person under twenty-one years of age at the time of enrollment who has enrolled in an approved course and has met one of the following criteria:

     (a) Has completed all the program objectives as required by the school district and approved by the state superintendent of public instruction and has received a passing grade; or

     (b) Has received a failing grade after attending more than fifty percent of the program's scheduled classes but achieved less than ninety percent of the program objectives; or

     (c) Has officially withdrawn, dropped, or transferred after attending more than fifty percent of the program's scheduled classes.

     (3) A student taking the course more than once because of a failing grade on the first and subsequent attempts may be counted as a completing student for each attempt.

     The traffic safety education course including the classroom and the laboratory phase shall be provided for students in a time period not to exceed eighteen school weeks nor be less than ((nine)) eight school weeks in length equaling not less than fifty-six days during the school year: Provided, That ((summer school course offerings)) public, private, and commercial driving schools offering a summer school course must deliver an approved program that shall not be less than five weeks in length and equaling not less than thirty-five days in length. A minimum course of instruction is defined as not less than thirty hours of contact time in a classroom setting with a certified teacher and not less than four hours of actual driving behind the wheel. Where simulation and/or off-street multiple car driving ranges are utilized, not less than three hours of actual driving behind the wheel per student shall occur. When simulation instruction is used, four hours of instruction equates to one hour of actual driving. When multiple car off-street driving ranges are used for instruction, two hours of instruction equates to one hour of actual driving. In addition, the traffic safety education course shall:

     (a) Provide students with no more than two hours of classroom instruction and one hour of on-street instruction during any twenty-four hour period. Where simulation and/or off-street multiple car driving ranges are utilized, not more than one additional hour per student per day shall be allowed.

     (b) Provide laboratory instruction only to students who are currently participating in classroom instruction.

     (c) Provide a course where any break time given shall not be counted as classroom sessions or instruction.

     (d) Provide a course where any missed classroom sessions shall be made up with assignments and instruction which pertain to the missed lesson(s) according to WAC 392-153-035(2) and does not exceed maximum duration of program.

     (e) Provide a course where a student shall not enroll in a traffic safety education class after classroom instruction has started. The exception is public school transferring students where there is a sufficient amount of time for completion of traffic safety education instruction.

     (f) Provide a program where driving time is verified by the school's driving routes, lesson plans and student record cards.

     (g) Provide not less than four hours of behind-the-wheel observation time to all students enrolled in a traffic safety education class.

[Statutory Authority: RCW 46.20.100(2), 28A.220.020 (2), (3), (4), and 28A.220.030(1). 96-24-044 (Order 96-18), § 392-153-032, filed 11/27/96, effective 12/28/96. Statutory Authority: RCW 28A.220.030. 92-20-061 (Order 92-10), § 392-153-032, filed 10/2/92, effective 11/2/92; 92-03-138 (Order 92-04), § 392-153-032, filed 1/22/92, effective 2/22/92. Statutory Authority: RCW 46.81.020. 80-09-027 (Order 80-24), § 392-153-032, filed 7/9/80; Order 6-77, § 392-153-032, filed 7/27/77, effective 9/11/77.]

     (2) Classroom and laboratory instruction shall be offered concurrently. Classroom treatment of concepts, where applicable, shall be followed by laboratory treatment of those concepts before other concepts are introduced in the classroom portion of instruction in the traffic safety education course.

     (3) Classroom and laboratory instruction shall be conducted during daylight hours: Provided, That such instruction may be extended to the hours of 5:00 p.m. during winter months even though darkness may occur prior to 5:00 p.m.: Provided further, That classroom instruction may be conducted at night for those students who are currently not enrolled in a high school but are otherwise eligible to attend or where the school district conducts one or more educational offerings at night for high school students.

     (4) Night driving experiences may be offered as a part of the traffic safety education course: Provided, That (a) a student has previously completed sufficient daytime driving experience, and (b) such night driving experience shall in no case exceed fifty percent of the student's total driving experience.

     On-street instruction shall be included in all programs.

     (5) The traffic safety education course including the classroom and the laboratory phase shall be provided for students in a time period not to exceed eighteen school weeks nor be less than eight school weeks in length equaling not less than fifty-six days during the school year: Provided, That public school summer school course offerings, private and commercial driving schools offering an approved program shall not be less than five weeks in length and equaling not less than thirty-five days in length. A minimum course of instruction is defined as not less than thirty hours of contact time in a classroom setting with a certified teacher and not less than four hours of actual driving behind the wheel. Where simulation and/or off-street multiple car driving ranges are utilized, not less than three hours of actual driving behind the wheel per student shall occur. When simulation instruction is used, four hours of instruction equates to one hour of actual driving. When multiple car off-street driving ranges are used for instruction, two hours of instruction equates to one hour of actual driving. In addition, the traffic safety education course shall:

     (a) Provide students with no more than two hours of classroom instruction and one hour of on-street instruction during any twenty-four hour period. Where simulation and/or off-street multiple car driving ranges are utilized, not more than one additional hour per student per day shall be allowed.

     (b) Provide laboratory instruction only to students who are currently participating in classroom instruction.

     (c) Provide a course where any break time given shall not be counted as classroom sessions or instruction during a thirty-hour minimum classroom course offering.

     (d) Provide a course where any missed classroom sessions shall be made up with assignments and instruction which pertain to the missed lesson(s) according to WAC 392-153-035(2) and does not exceed maximum duration of program.

     (e) Provide a course where a student shall not enroll in a traffic safety education class after classroom instruction has started. The exception is public school transferring students where there is a sufficient amount of time for completion of traffic safety education instruction.

     (f) Provide a program where driving time is verified by the school's driving routes and lesson plans.

     (g) Provide not less than four hours of behind-the-wheel observation time to all students enrolled in a traffic safety education class.

[Statutory Authority: RCW 46.81.020. 80-09-027 (Order 80-24), § 392-153-035, filed 7/9/80; Order 13-76, § 392-153-035, filed 12/21/76; Order 7-75, § 392-153-035, filed 12/22/75. Formerly WAC 392-50-060.]

     (2) Each school district, private, or commercial driving school shall adopt a written policy including, but not limited to, enrollment criteria, student fees, student fee refunds, failures, repeats, and for public schools written policies of access for part-time and home-based students.

     (3) Each school district, private, or commercial driving school shall maintain individual student records on forms provided by the superintendent of public instruction or an equivalent form approved by the superintendent of public instruction which includes the student's progress, time involvement and evaluation results.

     Records shall include information pertaining to attendance, classroom and behind-the-wheel, starting and ending dates. Time of instruction shall be included on student records. Records shall also include, for commercial and private traffic safety education programs, the office of the superintendent of public instruction teacher and instructor certificates which shall be posted in a conspicuous place at the location where instruction takes place. Registration of public school traffic safety education teacher and instructor certificates shall be referred to chapter 28A.410 RCW.

     (4) Each school district shall maintain accurate cost records as required by F-196, Part II, as now or hereafter amended and such further information and records as may be required by The Accounting Manual for Public School Districts of the State of Washington.

     (5) Every school district, private, or commercial driving school is to submit in writing all reportable traffic safety education motor vehicle collisions and injury and fatality collisions to the superintendent of public instruction within forty-eight hours of occurrence.

[Statutory Authority: RCW 46.81.020. 80-09-027 (Order 80-24), § 392-153-040, filed 7/9/80; Order 6-77, § 392-153-040, filed 7/27/77, effective 9/10/77; Order 13-76, § 392-153-040, filed 12/21/76; Order 7-75, § 392-153-040, filed 12/22/75. Formerly WAC 392-50-070.]

     (2) In all other program approvals and proceedings, including denials, reprimands, suspensions, and revocations, the superintendent of public instruction must prove by a preponderance of the evidence that the program in question fails to meet approval standards.

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