Section 252.20 Administration and Procedures
a) Availability of the Course – Any public school district
maintaining grades 9 through 12 must provide the driver education course for
any legal resident of the district between 15 and 21 or, if applicable under
Section 14-1.02 of the School Code, 22 years of age who requests the course,
provided the resident is eligible as set forth in Section 27-24.2 of the Code.
All eligible students who reside in a school district must be provided an equal
opportunity to enroll in driver education. School districts are obligated to
make the driver education course available within a reasonable length of time
after each individual's declaration of intent is made. A "reasonable
length of time" shall be determined based on the student's individual
needs and the school district's ability to meet those needs, provided that the
course must be offered within 12 months after the declaration of intent.
1) Public school districts that include high schools must provide
the driver education course for all eligible students of the district who
attend a nonpublic school that does not offer the course.
2) Nonpublic schools may offer a driver education course at their
own expense.
3) Public school districts that include high schools must provide
the driver education course for all eligible Illinois students, regardless of
the district of their residence, who attend a nonpublic school located within
that school district's boundaries when application is made by the
administrators of the nonpublic school. The application shall constitute a
declaration of intent by the affected student or students. By April 1 the
nonpublic school shall notify the district offering the course of the names and
district numbers of the nonresident students desiring to take the course the
next school year. The district offering the course shall notify the district
of residence of those students affected by April 15. [105 ILCS 5/27-24.4]
4) An eligible student may elect to enroll in a driver education
course at a commercial driver training school at the student's own expense.
b) When to Offer the Course – The classroom portion of the course
shall be during the school day and may be offered at other times (i.e., before
or after school, in the evenings or on weekends). The school district shall
determine when to offer the behind-the-wheel portion of the course during the
regular school year, which may be during the school day, at times other than
during the school day, or through a combination of both options; however, this
subsection (b) shall not authorize a school district to offer behind-the-wheel
instruction only during the summer. (Also see subsection (c)(2).)
1) Enrollment in a driver education course must be closed at the
inception of the course, except as provided in subsection (b)(2). Another course
may be started when enrollment warrants.
2) A student who transfers to a new school after the inception of
the driver education course at that school may be allowed to enroll in the
course under the following conditions.
A) The driver education course in which the student was enrolled
at the previous school offered 30 clock hours of classroom instruction and 6
clock hours of behind-the-wheel instruction.
B) The length of time the student previously participated in the
driver education course (prior to the student's transfer) is sufficient to
allow the student to complete the course at the new school within the time
during which it is offered.
C) The new school has received verification, either by mail or in
an electronic format, of the student's previous participation in the driver
education course (i.e., length of time in the course, grades received). The
verification shall be placed in the student's temporary school record as
defined in 23 Ill. Adm. Code 375.10 (Definitions).
3) A high
school student may be allowed to commence the classroom instruction part of
the driver education course prior to reaching age 15 if the student will be
eligible to complete the entire course within 12 months after being allowed to
commence classroom instruction. [105 ILCS 5/27-24.2]
c) Course Organization – Driver education courses must be
organized according to the standards established in the Act and this Part.
1) The classroom
and the behind-the-wheel instruction shall be aligned to the course content
standards set forth at 92 Ill. Adm. Code 1060.181 (Teen
Accreditation Classroom and Behind-the-Wheel Requirements).
2) The classroom and the behind-the-wheel instruction each must
be scheduled regularly throughout a period of not less than six complete weeks
(four weeks allowable in summer courses and for schools using block
scheduling). A school district may provide a portion of classroom instruction
through a distance learning program. A school
district's decision to allow a student to take a portion of the driver
education course through a distance learning program must be determined on a
case-by-case basis and must be approved by the school's administration,
including the student's driver education teacher, and the student's parent or
guardian. Under no circumstances may the student take the entire driver
education course through a distance learning program.
3) Behind-the-wheel instruction shall not begin until the student
has started classroom instruction; however, a student may be enrolled in both
portions of the course on a concurrent basis.
4) At least one but not more than three student observers must be
in the car during behind-the-wheel instruction. At least one hour of
observation time is required for each hour of behind-the-wheel instruction. This
subsection (c)(4) does not apply when a student's Individualized Education
Program stipulates that the student receive behind-the-wheel instruction
separately.
d) Dual-Control Cars – The instructor shall occupy the front
passenger seat. The driver education car is to be used for instructional
purposes. A school district may not use the driver education car for purposes
other than those designated by agreement or contract.
e) Contracting – In fulfilling the requirements of the Act, a
public school district must either offer the course in its own school or must
provide the course for its students, and any other legal residents of the
school district who request the course, through a joint agreement with another
public school district or through the provisions of cooperative school district
programs. A school district may contract with a commercial driver training
school approved by the Secretary of State to provide both the classroom
instruction part and the behind-the-wheel part or either one separately. [105
ILCS 5/27-24.4] If a school district elects to contract with an SOS approved
commercial driver training school, the school district shall submit the Driver
Education − Commercial Driver Training School Contract Reporting form to
the State Board. (See Appendix A.) Each instructor employed by the commercial
driver training school serving public school students under the age of 18 must
meet the personnel requirements of Section 252.40.
1) A
public school district may contract for the provision of the behind-the-wheel
portion of the course for students who have physical limitations that would
require the use of a specially equipped car or for students who require other
specialized instruction (e.g., vision or hearing impairments, cognitive
disabilities) provided that:
A) the
facility is approved by the Illinois Secretary of State (SOS) as meeting all of
the requirements of 625 ILCS 5/Ch. 6, Art. IV and rules promulgated by SOS (92
Ill. Adm. Code 1030 (Issuance of Licenses));
B) each
instructor providing instruction to the public school district's students is
certified as a Driver Rehabilitation Specialist by the ADED − the
Association for Driver Rehabilitation Specialists (see http://www.aded.net/, 200
First Avenue NW, Suite 505, Hickory NC 28601); and
C) the facility conducts an evaluation of the student's physical
and cognitive abilities to determine the individualized course of instruction.
2) Subject to the
limitations set forth in Section 24-24.2 of the Code, a district that provides
driver education through a contract with a commercial driver training school
shall:
A) post the contract
with the commercial driver training school on its website or, if it does not
maintain a website, make the contract available upon request;
B) notify the State
Board of Education within 15 calendar days of an instructor leaving the program
or a new instructor being assigned. The notice shall include the instructor's
name, birth date and driver's license number, and the personal identification
number assigned by the State Board;
C) maintain a record
of all materials related to the commercial driving school contract, which shall
be made available to parents and guardians upon request (see Section 27-24.2 of
the Code); and
D) except for a
Certified Driver Rehabilitation Specialist, ensure the teacher meets the
educator licensure and endorsement requirements of Article 21B of the Code.
The teacher shall follow the same evaluation and observation requirements that
apply to non-tenured teachers under Article 24A of the Code. The teacher
evaluation must be conducted by a school administrator employed by the school
district and must be submitted annually to the district superintendent and all
school board members for oversight purposes.
(Source: Amended at 46 Ill.
Reg. 6478, effective April 11, 2022)
 |
TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER g: SPECIAL COURSES OF STUDY
PART 252
DRIVER EDUCATION
SECTION 252.25 ELIGIBILITY OF STUDENTS
Section 252.25 Eligibility of Students
a) Pursuant to Section 27-24.2 of the School Code, no student
shall be permitted to enroll in a driver education course provided by a public
school district or a nonpublic school unless he or she has either:
1) received a passing grade in at least eight courses (which may
include courses completed in grade 8) during the previous two semesters or, in
the case of block scheduling that reduces the number of courses taken per
semester, in at least half the courses taken during the previous two semesters;
or
2) received a waiver of this requirement, pursuant to Section
27-24.2 of the School Code, from the superintendent of the public school
district or the chief administrator of the nonpublic school in which the
student is or will be enrolled full time during the semester for which
enrollment in driver education is sought. A record of any waiver granted shall
be entered into the affected student's temporary student record as defined in
23 Ill. Adm. Code 375.10, or its equivalent in the case of a nonpublic high
school.
b) Courses
1) For the purposes of this Section, a "course" means a
sequence of instructional activities or unit of schoolwork for which a grade is
given and listed in a student's academic transcript.
2) For the purpose of determining eligibility under this Section,
any coursework completed by a student during a summer term falling within the 12-month
period immediately preceding the beginning of the semester for which enrollment
in driver education is sought shall be counted towards the eight courses for
which passing grades are needed.
c) Verification of Eligibility
1) Each public school district or nonpublic school offering a driver
education course shall be responsible for verifying the eligibility of all
students seeking enrollment in such courses.
2) Public school districts and nonpublic schools offering a driver
education course shall establish procedures for verifying the eligibility of
students enrolled there full time when eligibility is based upon the records
created by, or transferred to, such schools. If the public school district or
nonpublic school previously attended by a student fails to transfer records in
time to permit the student's enrollment in driver education, then unofficial
records or a signed statement from the parent or guardian of the student shall
be used to certify eligibility.
3) When a student requests enrollment in a driver education course
offered by an entity other than the school district or nonpublic school he or
she attends, the school district or nonpublic school offering the course shall
be responsible for requesting confirmation of the student's eligibility
pursuant to this Section.
A) Confirmation may be obtained either in writing or via
electronic means addressed to the official records custodian designated by the
school pursuant to Section 4(a) of the Illinois School Student Records Act [105
ILCS 10/4(a)].
B) The response shall indicate only whether or not the student is
eligible and shall not indicate what grades a student received or whether the
student received a waiver.
C) Failure of a school district or nonpublic school to respond to
a request for eligibility verification within 15 calendar days shall be
construed as a positive response and the student in question shall be
considered eligible for driver education. The requesting school district or
nonpublic school shall inform the sending district or nonpublic school, in writing,
of the attempts made to verify eligibility and the lack of response. This
notification shall indicate that, in the absence of a response, the student is
considered to be eligible provided that a signed statement by the student's
parent or guardian is on file. A copy of the notification shall be placed in
the student's temporary record.
D) A student enrolled in a home school who wishes to enroll in a driver
education course offered by a public school district or nonpublic school shall
present, and each such entity shall accept as verification of the student's
eligibility, a signed statement stipulating:
i) that the student is enrolled in a home school;
ii) that he or she is eligible pursuant to subsection (a) of this
Section; and
iii) that the signature presented is that of the individual who
administers the school attended by the student.
(Source: Amended at 34 Ill. Reg. 3018,
effective February 18, 2010)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER g: SPECIAL COURSES OF STUDY
PART 252
DRIVER EDUCATION
SECTION 252.30 THE TERMS OF REIMBURSEMENT FOR PUBLIC SCHOOL PARTICIPATION IN THE COURSE
Section 252.30 The Terms of
Reimbursement for Public School Participation in the Course
a) Claims for Reimbursement – These shall be made under oath
or affirmation of the chief school administrator for the district employed by
the school board or authorized driver education personnel employed by
the school board [105 ILCS 5/27-24.6].
1) Reimbursement shall be determined in accordance with the
provisions of Sections 27-24.4 and 27-24.5 of the School Code.
2) The school district that is the residence of an eligible
pupil who attends a nonpublic school in another district that has furnished the
driver education course shall reimburse the district offering the course the
difference between the actual per capita cost of giving the course the previous
school year and the amount reimbursed by the State (Section 27-24.4 of the
School Code), subject to the limitations regarding the reimbursement amount
that are set forth in Section 27-24.2 of the School Code. This arrangement
shall also apply in the case of tuition students who receive driver education
from the districts where they are enrolled rather than from their respective
districts of residence.
3) The district may charge a reasonable fee not to exceed the
amount specified in Section 27-24.2 of the School Code to students who
participate in a driver education course approved in accordance with this
Part. No other fee or portion thereof shall be charged to students and attributed
to the driver education course. As used in this Part, "reasonable
fee" means a fee calculated by dividing the sum of documented annual
district costs for items such as instructional materials (if not included in
the district's textbook rental fee), the cost of driver education cars, car
maintenance costs, fuel, and insurance by the number of students enrolled or participating
in the driver education course. The district's costs used in this calculation
shall not include any portion of the salaries or benefits of school district
personnel. For purposes of this calculation, the cost of driver education cars
that are purchased by the district shall be amortized over a five-year period,
and the cost of leasing cars shall be included in the fee calculation in the
year the costs are incurred.
4) The driver education fee shall be waived with respect to any
student who applies pursuant to this subsection and who is eligible for free
lunches or breakfasts pursuant to the School Breakfast and Lunch Program Act
[105 ILCS 125] and 23 Ill. Adm. Code 305 (School Food Service), and with
respect to other students in accordance with the district's policy adopted in
accordance with 23 Ill. Adm. Code 1.245 (Waiver of School Fees).
b) Transfer Student – For any transfer student as defined in
Section 252.20(b)(2), reimbursement shall be claimed only by the school
district to which the student has transferred.
c) Cooperative School Programs – In fulfilling the requirements
for reimbursement, a school district must provide a driver education course or
participate in a special education cooperative or be part of an approved joint
school agreement with another public school district.
d) Contracting − School districts providing the driver
education course through a contract as provided under Section 252.20(e) shall
make a claim for reimbursement by submitting, in a format specified by the
State Superintendent of Education, the names of the students successfully
completing the course and the date of course completion for each.
e) Records – Daily attendance records shall be kept by the
teachers in the manner prescribed in Section 27-24.6 of the School Code and are
to be used to certify claims made under the Act.
1) Records in either paper or electronic format must be
maintained by the school to substantiate daily lessons, time behind the wheel,
observation time, and periodic as well as final evaluation of each student. Also
recorded shall be the beginning and ending dates of classroom and behind-the-wheel
instruction. Students are to be identified by their instructional permit
number, name, address and other personal information.
2) The records are to be on file in the office of the driver
education supervisor, principal, or other manager at the time reimbursement
and/or certification is requested.
3) Driver education participation records are to be kept and be
readily available for a period of not less than three years.
4) All records are subject to yearly audit by State auditors.
(Source: Amended at 42 Ill.
Reg. 8946, effective May 16, 2018)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER g: SPECIAL COURSES OF STUDY
PART 252
DRIVER EDUCATION
SECTION 252.40 DRIVER EDUCATION PERSONNEL REQUIREMENTS
Section 252.40 Driver Education Personnel Requirements
a) Qualifications of Teachers − All persons who teach a
driver education course must meet the applicable standards of this subsection
(a).
1) Each individual first assigned to teach safety and driver
education in a public school district on or after February 1, 2012 shall be
required to hold a professional educator license endorsed for both the
secondary grades and safety and driver education pursuant to 23 Ill. Adm. Code 25.100(k).
2) Each individual first assigned to teach safety and driver
education in a nonpublic school on or after February 1, 2012 shall meet the
course requirements of 23 Ill. Adm. Code 25.100(k).
3) A driver education instructor who teaches in either a public
school district or in a nonpublic school must:
A) possess good physical health as determined in accordance with
Section 24-5 of the School Code; and
B) hold a valid driver's license in good standing that has been
issued by the state in which he or she resides. For the purposes of this
subsection (a)(3)(B), a driver's license issued in Illinois shall not be
considered valid and in good standing if it is revoked, suspended, expired or
cancelled as described in Sections 6-201 through 6-209 of the Illinois Driver
Licensing Law [625 ILCS 5] or if restrictions have been placed on driving
privileges through either a restricted driving permit under Section 6-205(c)(1)
or a monitoring device driving permit under Section 6-206.1.
4) Additional requirements will not be retroactive as pertaining
to those qualified under standards applicable prior to September 1, 1962, so
long as they continue to teach driver education in the same district, except in
the event the method of instruction has been changed to include simulation
and/or multiple-car laboratory instruction. (See 23 Ill. Adm. Code 1.730(q).) The
prescribed additional requirements effective July 1, 1969, must be met.
5) When schools have a department chairman or a person designated
to supervise the driver education program, this person must be qualified as
described in this Section.
b) Invalid Driver's License − The State Board of Education,
using information provided by the Secretary of State, shall on a regular basis
provide to school districts and nonpublic schools employing driver education
instructors who possess Illinois driver's licenses a list of driver education
instructors who are in possession of an invalid driver's license as described
in subsection (a)(3)(B). It shall be the responsibility of the school district
or nonpublic school employing an instructor who holds an out-of-state license
to ensure that that license is valid and in good standing (e.g., has not been
revoked, suspended, expired, or cancelled or is restricted by the state issuing
the license).
1) After receiving the list, or confirmation that an out-of-state
license is invalid, the school district or nonpublic school shall inform each
of the instructors in writing of the determination that he or she is in
possession of an invalid license and that he or she has no more than five
school days to provide evidence to the school district or nonpublic school
disputing the determination.
2) If the initial determination is found to be correct (i.e., the
instructor's license is not valid), then the driver education instructor shall
be removed from the driver education program immediately.
3) A driver education instructor who is removed from his or her
teaching position due to an invalid license shall not be allowed to teach a
driver education course for three years following the reinstatement of a valid
driver's license.
4) For the purposes of this subsection (b), a driver education
instructor shall not be subject to the three-year suspension described in
subsection (b)(3) if:
A) the invalid license is restored to good standing, and
B) the reason that the license was invalidated is due to a
non-serious violation not related to driving ability or performance (e.g.,
failure to renew a license, failure to pay traffic fines, not possessing a
mandatory insurance card).
c) Administrators and teachers of State-approved high school
driver education courses shall not acquire an interest in, teach in, or solicit
for a commercial driver training school.
(Source: Amended at 42 Ill.
Reg. 8946, effective May 16, 2018)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER g: SPECIAL COURSES OF STUDY
PART 252
DRIVER EDUCATION
SECTION 252.50 COMMERCIAL SCHOOLS (TRANSFERRED)
Section 252.50 Commercial
Schools (Transferred)
(Source:
Section 252.50 transferred to 92 Ill. Adm. Code 1060.240 (Secretary of State)
pursuant to Section 5-80(d) of the Illinois Administrative Procedure Act (Ill.
Rev. Stat. 1991, ch. 127, par. 1005-80(d) and Section 6-411 of the Illinois
Driver License Law (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 6-411) at 11 Ill.
Reg. 1631.
Section 252.APPENDIX A Driver Education - Commercial Driver Training School Contract Reporting Form
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