Laws and Regulations Pertaining to Driver Education

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1 Laws and Regulations Pertaining to Driver Education Rhode Island s general laws identify the Community College of Rhode Island (CCRI) as the instate provider of driver education for Rhode Islanders between the ages of 15 years and 10 months and 21 years of age. The RI Board of Governors for Higher Education (RIBGHE) is authorized in Rhode Island General Laws (RIGL) (f) to develop regulations to implement the terms of Title 31, Chapter 10, as it relates to driver education programs offered by CCRI. The RIBGHE is further charged with ensuring that any driver education program offered by an out-of-state entity to Rhode Island students is equivalent to the driver education course offered by CCRI (see RIGL ). The following RIBGHE regulations incorporate, as appropriate, the existing Rhode Island statutes pertaining to licenses for operators and chauffeurs, driver education, traffic safety education, and licensing of qualified providers (see RIGL , and ). The Rhode Island Office of Higher Education (RIOHE) is the operational arm of the RIBGHE and, thereby, is charged with carrying out regulations under the auspices of the RIBGHE. CCRI and any out-of-state entity offering driver education for the above stated purpose (hereinafter, a Rhode Island driver education program) must meet or exceed the standards set forth in the following regulations: CCRI s Program In accordance with Rhode Island general laws referenced herein, a Rhode Island driver education program s curriculum must include a classroom component of a minimum of thirty-three (33) hours to be completed in full by each student. Furthermore, the classroom component must include a minimum of eight (8) hours of instruction that addresses the effects of alcohol and drugs on a driver. In addition, a minimum of three (3) hours of classroom instruction must focus on specific Rhode Island traffic laws and the specific requirements of the Rhode Island graduated licensing statute (see RIGL ). As required by RIGL , the classroom component of driver education programs must provide information regarding the Anatomical Gift Act (Chapter 18.6 of Title 23) as well as information on donor cards. Before being implemented in the classroom, curriculum and any proposed curriculum changes must be submitted to the RIOHE for review and approval. In addition to the classroom study described above, in order to secure a R.I. driver s license, a student driver must log 50 hours of driving experience (ten of which must occur at night) with a licensed driver over 21 years of age with five years or more of driving experience. Upon request, CCRI refers students to a qualified provider of on-the-road training. CCRI must provide a separate driver-training program for special needs students whose individual education plan (IEP) indicates a need for a separate program of instruction. Additionally, CCRI must provide students who are certified by a licensed physician as physically disabled (but with sufficient potential to manage a motor vehicle) with a driver-training program that includes instruction in the operation of an adapted vehicle. The adapted vehicle is to be provided by the handicapped student; CCRI will establish tuition and fees sufficient to cover the costs for this program (see RIGL ). 1

2 Establishing Equivalency of Out-of-State Programs When instruction is provided by an out-of-state entity, instruction must be equivalent to the program offered by CCRI. RIGL (b) specifies that in determining whether a course is equivalent, the RIBGHE shall at a minimum require: (1) that the course consist of at least thirty-three (33) instructional hours which substantially conform with the current curriculum utilized by the instructor(s) at the Community College of Rhode Island, including a minimum of three (3) hours of instruction focusing upon specific Rhode Island traffic laws, the specific requirements of the Rhode Island graduated licensing statute in RI General Laws and eight (8) hours specifically for instruction on the effects of alcohol and drugs on a driver. All driver s education programs shall include information concerning the Anatomical Gift Act (chapter 18.6 of title 23); (2) that the instructor holds a valid teacher s certificate; (3) that the instructor satisfactorily completes at least a three (3) credit course in traffic safety education at an accredited institution of higher education; and (4) that the program does not offer outside the classroom road test instruction or driving lessons to Rhode Island students. Out-of-state providers should note that the requirement of thirty-three instructional hours referenced above does not refer merely to seat time. Students must retake a specific module that is missed due to absence. Furthermore, out-of-state providers must use the standard textbook used in CCRI s program or a text that is determined by RIOHEappointed curriculum experts to be equivalent in teaching CCRI s curriculum. This same team of experts will set standards, based on CCRI s curriculum and outline areas that must be equivalent in order to confirm that an out-of-state curriculum does substantially conform with the current curriculum utilized by the instructor(s) at the Community College of Rhode Island.... (see #1 above.) The experts will also be involved in periodic RIOHE site visits including, but not limited to, classrooms where instruction is taking place. The stated minimum academic requirements (numbers 1-3 above) are expected of all outof-state programs as well as CCRI s program. As much as possible, the standards and requirements for CCRI and the out-of-state programs are consistent. Additional or different requirements for either CCRI or for out-of-state providers are stated as subheads in each section below. Eligible Instructors Required of All Instructors: Instructors must hold a driver s license in their state of residence. All instructors must also have a clean driving record or be subject to possible suspension or disqualification. Instructors must be three years removed from any felony conviction or misdemeanor involving Drinking While Intoxicated (DWI) or traffic violation. Conviction of such while employed is cause for immediate suspension for a minimum of three years. Eligible 2

3 instructors are subject to the same statutory and other regulatory requirements and standards as required of any other instructor working with students under the age of eighteen. Instructors are required to complete at least a three (3)-credit course in traffic safety education at an accredited institution of higher education (see RIGL ). Each year, instructors must also attend at least two professional development activities related to driver education. Evidence of satisfaction of these requirements must be provided in the provider s annual report. Additional Requirements at CCRI: The Board of Governors for Higher Education will ensure that each person who is properly certified and approved to instruct driver education courses has an equal opportunity for employment as an instructor within CCRI s driver education program. Furthermore, no person teaching in CCRI s program shall own, be employed by, or be associated with a commercial driving school (see RIGL ). Instructors must be eligible for a teacher s certificate issued under the authority of the Rhode Island Board of Regents (see RIGL ). When no certified instructor is available, CCRI s president may grant emergency instructor status in CCRI s driver s education program to an individual who is eligible to teach at CCRI and who has taken the required course of instruction in driver education. Additional Requirement for Out-of-State Instructors: Out-of-state instructors must hold a valid teacher s certificate (RIGL ). Furthermore, persons providing classroom instruction to Rhode Island students may not provide on-the road-instruction to those Rhode Island students (see RIGL (b)). Financial Considerations CCRI s Driver Education Training Program: A tuition or enrollment fee will be required in accordance with the policies of the RIBGHE. The enrollment fee will be deposited in a restricted account established to pay any and all costs associated with the driver education program at CCRI and administered by same (see ). Out-of-State Training Programs: Driver education training programs offered by out-of-state entities must provide fact sheets to prospective students. These fact sheets should include a clear statement of program fees, the Rhode Island minimum age requirements for students to be enrolled in instruction, as well as payment and refund schedules. This information must be presented to all students prior to their enrolling. As part of the enrollment process, the student must sign an acknowledgement of receipt of this information. The RIOHE will also review the financial status of out-of-state providers and require surety bonding to ensure the security of students tuition. 3

4 Minimum Age Requirement for All Program Participants According to RIGL , CCRI must make available a driver education program to any student between the ages of fifteen (15) years and ten (10) months and twenty-one (21) years of age. Since the inception of its program, CCRI s practice has been to accept no students of less than fifteen (15) years and ten (10) months of age, based upon advice from Associate Commissioner Anthony Leone and from Legal Counsel Lou Saccoccio. RIOHE s academic division firmly supports the minimum age requirement because of the implications for optimal learning. The National Transportation Safety Board ( Safety Recommendations, August 5, 2005) noted that most states do not require that classroom and onthe-road training be taken concurrently. As an unfortunate result, students do not relate the lectures to practice. Consequently, the RIBGHE requires that RI students taking classroom instruction, either in RI or outside the state, must not begin classroom instruction until they reach the age of fifteen (15) years and ten (ten) months to ensure that the youngest students in the class are eligible for a drivers permit by the approximate time they complete instruction. (According to the RI Department of Motor Vehicle website, a student must be at least 16 years of age, hold a CCRI certificate demonstrating completion of the classroom course, and have passed a test in order to be granted a limited instruction permit for on-road experience.) Therefore, in keeping with best practice and RI Department of Motor Vehicles requirements, all participants must provide proof that they meet the minimum age of fifteen (15) years and ten (10) months before being allowed to participate in the program offered by CCRI or by an out-ofstate approved provider. To ensure compliance, out-of-state providers must supply to the keeper of certification records at CCRI a pre-registration form, including proof of age, before the student is allowed to begin instruction. Each program s registrar must retain a copy of at least one official proof-of-age document (for example, a birth certificate or passport or another legal proof of age agreed to by RIOHE s legal counsel) for a period of five years from the time a student applies. The RIOHE and/or designated CCRI staff will periodically inspect these proofs of age as part of an ongoing program review process that will include periodic, unannounced site visits. Certificate Indicating Successful Completion of Program CCRI must periodically, under the direction of RIOHE, review its certificate with the RI Department of Motor Vehicles and RIOHE to ensure that the certificate contains all the necessary, standard information. After receiving the RIBGHE s approval, an out-of-state provider has the choice of continuing to offer a certificate through CCRI or beginning to offer its own certificate. However, until the outof-state program is fully approved, the provider s certificate must be granted through CCRI, and a student must be pre-registered with CCRI, as described in the previous paragraph. After being fully approved, an out-of-state program that chooses to offer its own certificate does not need to pre-register with CCRI; however, the school must still retain for five years per student from date 4

5 of enrollment an official proof-of-age document (birth certificate, passport, or another legal proof of age agreed to by RIOHE s legal counsel) for periodic inspection during site visits. A certificate provided by an out-of-state school will be acceptable to the RI Department of Motor Vehicles (DMV) only if the school s program has been approved by the RIBGHE, the students are 15 years and 10 months of age or more, and the instructors are fully trained. Furthermore, out-of-state providers must make clear to Rhode Island students in the school s written documents that students of out-of-state providers must still take the DMV exam at the RI Department of Motor Vehicles. The only students exempt from this requirement, per the RI Department of Motor Vehicles, are students who have been educated in CCRI s program. Finally, out-of-state providers are only permitted to issue certificates that conform with the standard information provided in CCRI s certificate. Initial and Continuing Approval of an Out-of-State Provider To initiate the RIBGHE approval process for a drivers training program leading to a certificate, the provider must supply to RIOHE information in six steps: (1) current financial statements (these may be either audited or reviewed as determined by the RIOHE), a business plan, and three professional references for the owner. (2) a sample curriculum, a fact sheet demonstrating adherence to RI state laws, including but not limited to the age the student must be prior to beginning instruction; any other relevant advertising or agreements such as a clearly stated refund policy and a teach-out agreement in the event that a school discontinues instruction; and teachers credentials and professional development activities. (3) a site visit, which may be unannounced. (4) a bond. The size of the bond is determined by the financial division of the RIOHE on the basis of projected tuition dollars that would be subject to refund if a provider were to discontinue instruction. (5) certificates on file that verify the school facility meets all applicable governmental health, safety, and building standards (including the Americans with Disabilities Act (ADA) as well as all applicable federal and state laws. In addition, the school must be inspected annually by the fire marshal, and the local building inspector or their designees, and current certificates of inspection must be on file. The commissioner may also request any other materials deemed necessary for monitoring. (6) Payment to RIOHE of a onetime, non-refundable application fee of $1,000. In addition, if deemed appropriate, external consultants with specific expertise in driver education may be selected by the RIOHE in consultation with the school to review the application either in whole or in part. The amount of the stipend paid to the consultants will be mutually agreed upon in advance and will be paid by the school at the conclusion of the review. RIOHE will notify the provider when one step has been successfully completed, and the next may be begun. Certificates may be issued once a school is approved by the RIBGHE. During the course of the year, the provider is responsible for notifying RIOHE in writing if any changes occur in the curriculum, faculty, maximum class size, health and safety of the facility, or the financial status/change in ownership of the provider. Out-of-state providers should note that the size of a class cannot exceed the maximum class size set for instruction at CCRI and agreed upon by RIOHE, in keeping with best practices for teaching and learning. Expectations regarding class size, and any changes in those expectations, will be promulgated by RIOHE to all providers. 5

6 The above stated standards and procedures are based upon those used by the RIBGHE in regulating proprietary schools. Proprietary schools are defined by the RIBGHE as any organization, association, corporation, partnership, limited liability corporation (L.L.C.), sole proprietorship, or any other entity operated on a for-profit or on a non-profit basis that operates or seeks to operate to provide instruction or training for a business, trade, technical, industrial or other occupation, and that is not specifically exempted under these regulations. Proprietary schools grant no awards above the pre-associate certificate level. (Regulations Governing Proprietary Schools in Rhode Island, Jan. 23, 2006, p. 3). Please note that driver training schools licensed by the R.I. Department of Motor Vehicles (exclusively for on-the-road training) are exempted from these regulations. Such schools do not have a curriculum. Annual Report Submitted to RIOHE by All Providers All Providers: On August 1st of each year, as part of continuing approval, each provider of training must submit to RIOHE s Division of Academic and Student Affairs, a report that provides data on the numbers of Rhode Island students enrolled, current tuition charged as well as any other fees, the qualifications of each instructor and evidence of required professional development, the number of program completers for each of the (Rhode Island and out-of-state) locations that has served one or more Rhode Island students, class sizes, and the pass rate for students who have completed the program and taken the RI driver s examination. The commissioner may request any additional information deemed necessary for the annual monitoring of providers. Additional Requirements for Out-of-State Providers: Out-of state providers must include some additional information: (1) current financial statements (these may be either audited or reviewed as determined by the RIOHE); (2) proof of a current bond adequate to ensure tuition refunds if the provider were to discontinue instruction; and (3) a statement of whether or not during the past five years the provider has been placed on warning status in any state. (Out-of-state providers who wish to offer driver education programs under CCRI s certificate program must be in good standing in all of the states in which they currently provide training.) (4) annual certificates that attest that the facility meets all state and federal building and safety standards. Out-of-state providers must also include with their reports a processing fee of $100 as part of the annual renewal of approval. In addition to review of the annual report, schools will also be visited during regular business or school hours, with or without notice. During such visitations, the commissioner s designees may request of an officer or director of the school (and shall be provided with immediate access to) such records or information as are required to verify that the school continues to meet the conditions of approval. 6

7 Revocation and Emergency Action: The commissioner may seek revocation of a provider s approval if the entity: 1. has committed a material or substantial violation of these regulations; 2. has a record of chronically or repeatedly violating any of these regulations; 3. has made a false statement about a material fact on any of the documents submitted to RIOHE; 4. is not financially stable per guidelines established by the RIBGHE Regulations Governing Proprietary Schools, Standard 10.3; or 5. has acted or failed to act in a manner which gives cause for revocation pursuant to Rhode Island General Laws Prior to revocation of approval, the provider will be given an opportunity to be heard to show cause why approval should not be revoked. Notice of the time and place of the hearing and the reasons for the proposed revocation, citing either specific portions of statute or these regulations, will be served by first-class mail, return receipt requested, on an officer of the entity at least 20 days prior to the hearing. The hearing will be conducted by the commissioner or his/her designee. The Regulations Governing Hearings (see below) will apply. The provider shall have the burden of proof to show cause why approval should not be revoked. The commissioner s recommendation shall be forwarded to the RIBGHE, which shall have final authority to accept, reject, or modify the commissioner s recommendation. A representative of the provider, or the provider s attorney, may address the RIBGHE prior to its consideration of the commissioner s recommendations; however, no additional evidence may be presented to the RIBGHE. If the commissioner finds that the public health, safety or welfare of the students imperatively requires emergency action and incorporates a finding to that effect in his/her order, including the grounds upon which the finding is based, summary suspension of approval may be ordered, pending proceedings for revocation or other action. Such proceedings shall be promptly instituted and determined. The commissioner, as agent of the RIBGHE, may also seek to prevent or remedy any violation of these regulations or may seek revocation or suspension of a provider s approval through appropriate court action in accordance with the General Laws of the State of Rhode Island. 7

8 Regulations Governing Hearings All hearings will be held in accordance with the following: Notices: Whenever the commissioner seeks to revoke a provider s approval, the provider will be afforded an opportunity for hearing after reasonable notice. The notice will include: (1) a statement of the time, place, and nature of the hearing; (2) a statement of the legal authority and jurisdiction under which the hearing is to be held; (3) a reference to the particular sections of the statutes and rules involved; and (4) a short and plain statement of the matter. Presentation of Evidence: 1. All parties shall have an opportunity to present evidence, cross examine witnesses and be represented by counsel. 2. The formal rules of evidence shall not apply; however, the hearing officer may exclude irrelevant, cumulative or hearsay evidence as he or she deems appropriate. 3. Oral proceedings will be transcribed if requested in advance by any party. The party requesting transcription will be required to pay the cost thereof. Recommendations/Decisions: 1. Findings of fact shall be based upon the evidence submitted to the hearing officer and any stipulations agreed to by the parties. 2. The burden of proof shall be by a preponderance of the evidence. 3. The hearing officer shall prepare a written decision including findings of fact in support of the decision. Informal Disposition: Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default Authorizing Legislation: The Board of Governors for Higher Education is authorized to establish administrative regulations to further implement this section. (Driver Education- Traffic Safety Education, RIGL (f)) and No limited instruction permit or license shall be issued to any person not more than eighteen (18) years of age unless that person shall have successfully completed a course of instruction as provided in RIGL , or a similar course of instruction recognized by the Board of Governors for Higher Education as equivalent to it. (Driver Education course requirement before licensing, RIGL (a)). 8

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